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Full text of "Reports of proceedings .."

BOSTON PUBLIC LIBRARY 



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BOSTON PUBLIC 



LIBRARY 



Form No. 1374—5/75 



CITY COUNCIL MINUTES - 2001 

The Proceedings of the City Council (also called the City Council Minutes) are 

published in various issues of the City Record throughout the year until a cumulated 

bound volume is issued. It takes a year or two for the minutes to appear in the City 

Record so the minutes from 2001 were published in the 2002 issues of the City Record. 

The City of Boston is considerably behind in issuing the cumulated bound volumes so it 

is necessary to look at the Proceedings of the City Council in the issues of the City 
Record. For 2001 below are listed the issues of the City Record that contain Proceedings 

of the City Council. The pages of the Proceedings are given, then the dates of the 

Council meetings, and then the volume, number and date of the City Record in which they 

can be found. For meetings after July 18, 2001, the Proceedings have been removed 

from the City Record and kept in this folder following this sheet. 



VfrqfES M f ETfTl9lQ <DWFES JOW^D IO^CITf %£CO!%D VOL. <Mp. <DA'TE 



1-12 


January 1 and 10, 2001 


93 


49 


Dec. 3, 2001 


13-29 


January 24, 2001 


94 


20 


May 20, 2002 


31-44 


January 31 and February 7, 2001 


94 


22 


June 3, 2002 


45-58 


February 14 and 28, 2001 


94 


29 


July 22, 2002 


59-73 


March 14 and 28, 2001 


94 


30 


July 29, 2002 


75-92 


April 4 and 11,2001 


94 


35 


Sept. 2, 2002 


93-106 


April 25 and May 2, 2001 


94 


36 


Sept. 9, 2002 


107-122 


May 9 and 16,2001 


94 


37 


Sept. 16,2002 


123-141 


May 23 and June 6, 2001 


94 


38 


Sept. 23, 2002 


143-155 


June 13 and 25, 2001 


94 


39 


Sept. 30, 2002 


157-179 


June 27 and Julyl 1,2001 


94 


40 


Oct. 7, 2002 


181-188 


July 13 and 18,2001 


94 


41 


Oct. 14, 2002 







CITY COUNCIL 



189 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, August 8, 2001 

Regular meeting of the City Council held in the 
Christopher A. Iannella Council Chamber, City Hall, at 
12:15 p.m., President YANCEY in the chair and all 
members present. 



INVOCATION 

Reverend John Ullrich, St. Anthony's Shrine, deliv- 
ered the invocation and the meeting was opened with 
the pledge of allegiance to the flag. 



PRESENTATION BY PRESIDENT YANCEY 

President YANCEY presented twenty students with 
resolutions for participating in the Summer Jobs 
Program at City Hall. 



• 



ORDER FOR CONFIRMATION OF REAPPOINT- 
MENT OF JAMES C. CLARK AS MEMBER 
OF ZONING COMMISSION FOR TERM 
EXPIRING MAY 1, 2003 (DOCKET NO. 0943) 

The following was received: 

City of Boston 
Office of the Mayor 



To the City Council. 
Dear Councillors: 



July 10, 2001 



Pursuant to St. 1958, c. 77, as amended, I transmit 
herewith for your approval an Order confirming the re- 
appointment of James C. Clark of 1 12 Mattapan Street, 
Mattapan, Massachusetts, as a member of the Zoning 
Commission, for a term to expire May 1, 2003. Mr. 
Clark is President of the Mattapan Street Neighborhood 
Association. 

I urge your Honorable Body to approve this Order at 
the earliest possible date so that Mr. Clark may begin his 
appointed term without delay. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

ORDERED: That, pursuant to St. 1958, c. 77, as 
amended, the appointment of James C. Clark of 112 
Mattapan Street, Mattapan, Massachusetts, as a member 
of the Zoning Commission, for a term to expire May 1, 
2003, be and the same hereby is approved. 

Referred to the Committee on Economic 
Development. 







ORDER FOR CONFIRMATION OF REAPPOINT- 
MENT OF RALPH COOPER AS MEMBER OF 
ZONING COMMISSION FOR TERM EXPIR- 
ING MAY 1, 2003 (DOCKET NO. 0944) 

The following was received: 



City of Boston 
Office of the Mayor 



To the City Council. 
Dear Councillors: 

Pursuant to St. 1958, c. 77, as amended, I transmit 
herewith for your approval an Order confirming the re- 
appointment of Ralph Cooper of 126 Warren Street, 
Roxbury, 02119 Massachusetts, as a member of the 
Zoning Commission, for a term to expire May 1,2003. 
Mr. Cooper is a member of the Franklin Field South 
Neighborhood Association. 

I urge your Honorable Body to approve this Order at 
the earliest possible date so that Mr. Cooper may begin 
his appointed term without delay. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

ORDERED: That, pursuant to St. 1958, c. 77, as 
amended, the appointment of Ralph Cooper of 44 
Highland Street, Roxbury, Massachusetts, as a member 
of the Zoning Commission, for a term to expire May 1, 
2003, be and the same hereby is approved. 

Referred to the Committee on Economic 
Development. 



ORDER FOR CONFIRMATION OF REAPPOINT- 
MENT OF ROBERT L. FONDREN AS MEM- 
BER OF ZONING COMMISSION FOR TERM 
EXPIRING MAY 1, 2003 (DOCKET NO. 0945) 

The following was received: 



City of Boston 
Office of the Mayor 



To the City Council. 
Dear Councillors: 



July 10,2001 



Pursuant to St. 1958, c. 77, as amended, I transmit 
herewith for your approval an Order confirming the re- 
appointment of Robert L. Fondren of 1 1 1/2 Joy Street, 
Boston, Massachusetts, as a member of the Zoning 
Commission, for a term to expire May 1, 2003. Mr. 
Fondren is the nominee of the Boston Society of 
Architects. 

I urge your Honorable Body to approve this Order at 
the earliest possible date so that Mr. Fondren may begin 
his appointed term without delay. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

ORDERED: That, pursuant to St. 1958, c. 77, as 
amended, the appointment of Robert L. Fondren of 1 1 '/ 2 
Joy Street, Boston, Massachusetts, as a member of the 
Zoning Commission, for a term to expire May 1 , 2003, 
be and the same hereby is approved. 

Referred to the Committee on Economic 
Development. 



July 10,2001 



ORDER FOR CONFIRMATION OF REAPPOINT- 
MENT OF JILL HATTON AS MEMBER OF 
ZONING COMMISSION FOR TERM EXPIR- 
ING MAY 1, 2003 (DOCKET NO. 0946) 

The following was received: 

City of Boston 



190 



CITY COUNCIL 




Office of the Mayor 



To the City Council. 
Dear Councillors: 



July 10,2001 



Pursuant to St. 1958, c. 77, as amended, 1 transmit 
herewith for your approval an Order confirming the re- 
appointment of Jill Hatton of 38 Irving Street, Boston, 
Massachusetts, as a member of the Zoning Commission, 
for a term to expire May 1 , 2003. Ms. Hatton is the nom- 
inee of the Greater Boston Chamber of Commerce. 

I urge your Honorable Body to approve this Order at 
the earliest possible date so that Ms. Hatton may begin 
her appointed term without delay. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

Refered to the Committee on Economic 
Development. 



ORDER FOR CONFIRMATION OF REAPPOINT- 
MENT OF ROBERT L. MARR AS MEMBER 
OF ZONING COMMISSION FOR TERM 
EXPIRING MAY 1, 2003 (DOCKET NO. 0947) 

The following was received: 



City of Boston 
Office of the Mayor 



To the City Council. 
Dear Councillors: 



July 10, 2001 



Dear Councillors: 

Pursuant to St. 1958, c. 77, as amended, I transmit 
herewith for your approval an Order confirming the re- 
appointment of William Tarlow of 88 Marlborough 
Street, Boston, Massachusetts, as a member of the 
Zoning Commission, for a term to expire May 1, 2003. 
Mr. Tarlow is a member of the Neighborhood 
Association of Back Bay. 

I urge your Honorable Body to approve this Order at 
the earliest possible date so that Mr. Tarlow may begin 
his appointed term without delay. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That, pursuant to St. 1958, c. 77, as 
amended, the appointment of William Tarlow of 88 
Marlborough Street, Boston, Massachusetts, as a mem- 
ber of the Zoning Commission, for a term to expire May 
1, 2003, be and the same hereby is approved. 

Referred to the Committee on Economic 
Development. 



ORDER TO REDUCE APPROPRIATION FOR 
RESERVE FOR COLLECTIVE BARGAINING 
BY $69,736 TO PROVIDE FUNDING IN 
GRAPHIC ARTS DEPARTMENT FOR COL- 
LECTIVE . BARGAINING AGREEMENTS 
WITH GRAPHIC COMMUNICATIONS 
INTERNATIONAL UNION LOCAL 600 AND 
BOSTON TYPOGRAPHICAL (DOCKET NO. 
0949) 




Pursuant to St. 1958, c. 77, as amended, I transmit 
herewith for your approval an Order confirming the re- 
appointment of Robert L. Marr of One D Street, South 
Boston, Massachusetts, as a member of the Zoning 
Commission, for a term to expire May 1, 2003. Mr. 
Marr is the nominee of the Building Trade Employers 
Association. 

I urge your Honorable Body to approve this Order at 
the earliest possible date so that Mr. Marr may begin his 
appointed term without delay. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

ORDERED: That, pursuant to St. 1958, c. 77, as 
amended, the appointment of Robert L. Marr of One D 
Street, South Boston, Massachusetts, as a member of the 
Zoning Commission, for a term to expire May 1, 2003, 
be and the same hereby is approved. 

Referred to the Committee on Economic 
Development. 



ORDER FOR CONFIRMATION OF REAPPOINT- 
MENT OF WILLIAM TARLOW AS MEMBER 
OF ZONING COMMISSION FOR TERM 
EXPIRING MAY 1, 2003 (DOCKET NO. 0948) 

The following was received: 



City of Boston 
Office of the Mayor 



The following was received: 

City of Boston 
Office of The Mayor 



July 31,2001 



To the City Council. 
Dear Councilors: 



I transmit herewith for your approval an order to 
reduce the appropriation for the Reserve for Collective 
Bargaining by 569,736 to provide funding in the 
Graphic Arts Department for the collective bargaining; 
agreements with the Graphic Communications 
International Union, Local 600 and Boston 
Typographical Local 13. 

I respectfully request your favorable action on this 
important matter. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the appropriation heretofore made, 
to meet the current operating expenses in the fiscal year 
comnnencing July 1 , 200 1 and ending June 30, 2002, be 
reduced by the following amount: 

2002-1 00-999000-5 10CO Reserve for Collective 
Bargaining $69,736 

Referred to the Committee on Ways and Means . 




July 10,2001 



To the City Council. 



ORDER APPROVING SUPPLEMENTAL APPRO- 



AUGUST 8, 2001 



191 



« 



PRIATION OF $69,736 TO COVER FY02 
COST IN GRAPHIC ARTS DEPARTMENT OF 
COLLECTIVE BARGAINING AGREEMENTS 
WITH GRAPHIC COMMUNICATION INTER- 
NATIONAL UNION, LOCAL 600 AND 
BOSTON TYPOGRAPHICAL LOCAL 13 
(DOCKET NO. 0950) 

The following was received: 



City of Boston 
Office of the Mayor 



To the City Council. 
Dear Councilors: 



July 31, 2001 



I transmit herewith for your approval a supplemental 
appropriation, totaling $ 69,736, to cover the FY02 cost 
in the Graphic Arts Department of the collective bar- 
gaining agreements with the Graphic Communications 
International Union, Local 600 and Boston 
Typographical Local 13. 

As originally presented to you, the FY02 budget 
request included a Reserve for Collective Bargaining a 
separate appropriation to fund projected collective bar- 
gaining increase. A separate order has been filed to 
reduce that appropriation to support this supplemental 
request. The FY00 and FY01 costs of the contract will 
be charged to appropriations established in those years. 
The City budget remains balanced. 

I respectfically request your favorable action on this 
important matter. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



I respectfully request your favorable action on this 
important matter. 

Thomas M. Menino, 
Mayor of Boston. 

ORDERED: That the appropriation heretofore made, 
to meet the current operating expenses in the fiscal year 
commencing July 1 , 2001 and ending June 30, 2002, be 
reduced by the following amount: 

2002-100-999000-51000 Reserve for Collective 
Bargaining $791,493 

Referred to the Comittee on Education and School 
Matters. 



ORDER APPROVING SUPPLEMENTAL APPRO- 
PRIATION OF $791,493 FOR PUBLIC 
SCHOOLS FOR FY02 TO COVER COST 
ITEMS CONTAINED WITHIN 

PRINCIPAL/HEADMASTER AND MANAGE- 
MENT AGREEMENTS (DOCKET NO. 0953) 

The following was received: 



City of Boston 
Office of the Mayor 



To the City Council. 
Dear Councilors: 



July 31, 2001 



I transmit herewith a supplemental appropriation 
order for the Boston Public Schools for FY02 in the 
amount of $791,493 to cover the cost items contaimed 
within the principal/headmaster and management agree- 
ments. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
in the fiscal year commencing July 1, 2001 and ending 
June 30, 2002, the following sum be, and hereby is 
appropriated, said sum to be raised by taxation pursuant 
to Section 23 of Chapter 59 of the General Laws: 

2002- 1 00- 1 45 1 00-5 1 000 $69,736 

Referred to the Committee on Ways and Means. 



ORDER TO REDUCE APPROPRIATION FOR 
RESERVE FOR COLLECTIVE BARGAINING 
BY $791,493 TO PROVIDE FUNDING IN 
SCHOOL DEPARTMENT FOR COST ITEMS 
CONTAINED WITHIN PRINCIPAL/HEAD- 
MASTER AND MANAGEMENT AGREE- 
MENTS (DOCKET NO. 0951) 

The following was received: 



City of Boston 
Office of the Mayor 



July 31, 2001 



To the City Council. 
Dear Councilors: 



I transmit herewith for your approval an order to 
reduce the appropriation for the Reserve for Collective 
Bargaining by $791,493 to provide funding in the 
School Department for the cost items contained within 
the principal/headmaster and management agreements. 



As originally presented to you, the FY02 budget 
request included a Reserve for Collective Bargaining a 
separate appropriation to fund projected collective bar- 
gaining increases. A separate order has been filed to 
reduce that appropriation to support this supplemental 
request. 

I respectfully request your support of this supplemen- 
tal appropriation for the Boston Public Schools. . 

Thomas M. Menino, 
Mayor of Boston. 

ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
of the School Department in the fiscal period commenc- 
ing July 1, 2001 and ending June 30, 2002, the sum of 
SEVEN HUNDRED NINETY ONE THOUSAND 
FOUR HUNDRED NINETY THREE DOLLARS 
($791 ,493) be, and the same hereby is appropriated, said 
sum to be raised from taxation pursuant to Section 23 of 
Chapter 59 of the General Laws: School Department 
$791,493 

Referred to the Committee on Education and 
School Matters. 



ORDER AUTHORIZING POLICE DEPARTMENT 
TO ACCEPT AND EXPEND AWARD OF 
$80,000 IN FORM OF U. S. DEPARTMENT OF 
JUSTICE OFFICE OF COMMUNITY ORI- 
ENTED POLICING SERVICES GRANT FOR 
PURPOSE OF INTEGRITY CURRICULUM 
DEVELOPMENT THROUGH REGIONAL 
COMMUNITY POLICING INSTITUTE/NEW 
ENGLAND (DOCKET NO. 0953) 



192 



CITY COUNCIL 




The following was received: 



City of Boston 
Office of the Mayor 



To the City Council. 
Dear Councilors: 



July 18,2001 



APPOINTMENT BY THE MAYOR 
(DOCKET NO. 0957) 

Notice was received from the Mayor of his appoint- 
ment of Michael S. Hatfield to the Public Facilities 
Commission. 



I hereby transmit for your approval an order authoriz- 
ing the City of Boston to accept and expend an award in 
the amount of $80,000 in the form of a U. S. Department 
of Justice Office of Community Oriented Policing 
Services Grant awarded to the Boston Police 
Department, for the purpose of an Integrity Curriculum 
Development through the Regional Community 
Policing Institute/New England. 

I urge your Honorable Body to adopt this order as 
soon as possible so that the City of Boston may accept 
these funds expeditiously and expend them for the pur- 
poses for which these funds were granted. 

Thomas M. Menino, 
Mayor of Boston. 

ORDERED: That, pursuant to M. G. L. c. 44, § 53A, 
the City of Boston, acting by and through the Boston 
Police Commissioner, be, and hereby is authorized to 
accept and expend a grant award from the U. S. 
Department of Justice an amount not to exceed $80,000. 
00. 

Referred to the Committee on Public Safety. 



Referred to the Committee on Economic 
Development. 



COMMUNICATION FROM NODDLE ISLAND LIM- 
ITED PARTNERSHIP RE: PROPOSED CLIP- 
PERSHIP WHARF PROJECT: JOINT PROJECT 
NOTIFICATION FORM/ENVIRONMENTAL 
NOTIFICATION FORM (DOCKET NO. 0954) 

Communication was received from Noddle Island 
Limited Partnership Wharf Project: Joint Project 
Notification Form/Environmental Notification Form. 



NOTICE FROM CITY CLERK RE: FILING BY BRA 
OF "EAST BOSTON ASSOCIATES CHAPTER 
121 A PROJECT, NEW REGULATORY AGREE- 
MENT AND NEW 6A CONTRACT (DOCKET 
NO. 0958) 

The following was received: 



City of Boston 
Office of the City Clerk 



To the City Council. 
Dear Councilors: 



August 1,2001 



In compliance with the order passed by your 
Honorable Body December 6, 1976, this is to inform 
you that the following was filed by the Boston 
Redevelopment Authority with the City Clerk on July 
25,2001: 

"East Boston Associates Chapter 121 A Project, New 
Regulatory Agreement and New 6A Contract". 

Rosaria Salerno, 

City Clerk. 

Referred to the Committee on Economic 
Development. 




Placed on file. 



NOTICE RECEIVED FROM MASS HIGHWAY RE: 
LAYOUT NO. 7630 ALTERATION AND 
ORDER OF TAKING (DOCKET NO. 0955) 

Notice was received from Mass Highway re: Layout 
No. 7630 Alteration and Order of Taking. 

Placed on file. 



NOTICE FROM CITY CLERK RE: FILING BY BRA 
OF "FIRST AMENDMENT TO REPORT AND 
DECISION AUTHORIZING AND APPROV- 
ING APPLICATION BY 10 TEMPLE PLACE 
LIMITED PARTNERSHIP TO ACQUIRE THE 
STEARNS BUILDING AN EXISTING PRO- 
JECT UNDER CHAPTER 121 A (DOCKET NO. 
0959) 

The following was received: 

City of Boston 
Office of the City Clerk 

August 1,2001 
To the City Council. 
Dear Councilors: 



COMMUNICATION FROM SALLY D. GLORA, 
AUDITOR, TRANSMITTING FY02 PAYROLL 
ALLOTMENT SCHEDULES FOR ALL CITY 
DEPARTMENTS (DOCKET NO. 0956) 

Communication from Sally D. Glora, Auditor, trans- 
mitting FY02 Payroll Allotment Schedules for all City 
Departments. 

Referred to the Committee on Post Audit and 
Oversight. 



In compliance with the order passed by your 
Honorable Body December 6, 1976, this is to inform 
you that the following was filed by the Boston 
Redevelopment Authority with the City Clerk on July 
25,2001: 

"First Amendment to Report and Decision 
Authorizing and Approving the Application by 10 
Temple Place Limited Partnership to Acquire the 
Stearns Building, an Existing Project under Chapter 
12A". 




AUGUST 8, 2001 



193 







• 



Very truly yours, 

Rosaria Salerno, 

City Clerk. 

Referred to the Committee on Economic 
Development. 



NOTICE FROM CITY CLERK RE: FILING BY BRA 
OF "SECOND AMENDMENT TO REPORT 
AND DECISION ON THE B'NA B'RITH 
SENIOR CITIZENS HOUSING CORPORA- 
TION CHAPTER 121 A PROJECT (DOCKET 
NO. 0960) 

The following was received: 



City of Boston 
Office of the City Clerk 



To the City Council. 
Dear Councilors: 



August 6, 2001 



In compliance with the order passed by your 
Honorable Body December 6, 1976, this is to inform 
you that the following was filed by the Boston 
Redevelopment Authority with the City Clerk on July 
25, 2001: 

"Second Report and Decision Amendment on the 
B'na B'ith Senior Citizens Housing Corporation 
Chapter 12A Project". 



Very truly yours, 

Rosaria Salemo, 

City Clerk. 

the Committee on Economic 



Referred to 
Development. 



NOTICE FROM CITY CLERK RE: ACTIONS 
TAKEN BY MAYOR ON PAPERS ACTED 
UPON BY CITY COUNCIL AT ITS JULY 11, 
2001 MEETING (DOCKET NO. 0961) 

The following was received: 



City of Boston 
Office of the City Clerk 



August 6, 2001 



To the City Council. 
Councilors'. 



In accordance with Chapter 6 of the Ordinances of 
1979, 1 hereby notify you of the following actions taken 
by the Mayor with regard to the papers acted upon by 
the City Council at its meeting of July 11, 2001, viz: 

0513 Order authorizing the Commissioner on Affairs 
of the Elderly to apply for, accept and expend a grant of 
$507,150 from the Massachusetts Executive Office of 
Elder Affairs, for the continued operation of the 
Commission's Health and Housing Units. 

Approved by the Mayor July 23, 2001. 

05 14 Order authorizing the Commissioner on Affairs 
of the Elderly to apply for, accept and expend a grant of 
$4,025,000 from the Massachusetts Executive Office of 
Elder Affairs, for the purpose of operating the adminis- 
trative and direct services components of the Region VI 
Area Agency on Aging Administration. 



Approved by the Mayor July 23, 2001. 

0515 Order authorizing the Commissioner on Affairs 
of the Elderly to apply for, accept and expend a grant of 
$24,150 from the Massachusetts Executive Office of 
Elder Affairs, for the purpose of operating the Serving 
Health Information Needs of Elders (SHINE) Program. 

Approved by the Mayor July 23, 2001. 

0516 Order authorizing the Commissioner on Affairs 
of the Elderly to apply for, accept and expend a grant of 
$54,337 from the Massachusetts Executive Office of 
Elder Affairs, for the purpose of supporting the Senior 
Companion Program (SCP). 

Approved by the Mayor July 23, 2001. 

0517 Order authorizing the Commissioner on Affairs 
of the Elderly to apply for, accept and expend a grant of 
$523,507 from the Department of Labor, through the 
National Senior Citizens Education & Research Center, 
Inc. , for the purpose of operating the Senior AIDES 
Program. 

Approved by the Mayor July 23, 2001. 

0518 Order authorizing the Commissioner on Affairs 
of the Elderly to apply for, accept and expend a grant of 
$36,225 from the Massachusetts Executive Office of 
Elder Affairs, for the continued operation of the Retired 
Senior Volunteer Program (RSVP). 

Approved by the Mayor July 23, 2001. 

0706 Order authorizing the Department of 
Neighborhood Development to apply for, accept and 
expend Federal FY2001 Housing Opportunities for 
Persons with AIDS (HOPWA) funds of $3, 107, 000 from 
the Department of Housing and Urban Development 

Approved by the Mayor July 13, 2001. 

0707 Order authorizing the Department of 
Neighborhood Development to apply for, accept and 
expend a Federal FY2001 Emergency Shelter grant 
(ESG) of $875,000, from the Department of Housing 
and Urban Development 

Approved by the Mayor July 13, 2001. 

0708 Order authorizing the Department of 
Neighborhood Development to apply for, accept and 
expend a Federal FY2001 Community Development 
Block grant (CDBG)of $25,639,000, from the 
Department of Housing and Urban Development. 

Approved by the Mayor July 13, 2001. 

0709 Order authorizing the Department of 
Neighborhood Development to apply for, accept and 
expend a FY 2001 HOME Investment Partnerships gTant 
(HOME) of $7,558,000, from the Department of 
Housing and Urban Development. 

Approved by the Mayor July 13, 2001. 

0773 Order to reduce the appropriation for the 
Reserve for Collective Bargaining, by $307,133 to pro- 
vide funding in the School Department for the cost 
items contained in the Managerial Plan modifications 
for Public School Managerial Employees. 

Approved by the Mayor July 23, 2001. 

0774 Order approving a supplemental appropriation 
of $307,133 for the Public Schools for FY0I to cover 



194 



CITY COUNCIL 



• 



the cost items contained in the Managerial Plan modifi- 
cations for Public School Managerial Employees. 

Approved by the Mayor July 23, 2001. 

0875 Constable's Bonds of Cynthia B. Craven, 
Richard F. Kelley, Stephen P. Miller, Kevin P. McGrail 
and John McQuaid. 

Approved by the Mayor July 26, 2001. 

Very truly yours, 

Rosaria Salerno, 

City Clerk. 

Placed on file. 



NOTICE PROM CITY CLERK RE: ACTIONS 
TAKEN BY MAYOR ON PAPERS ACTED 
UPON BY CITY COUNCIL AT ITS JULY 13, 
2001 MEETING (DOCKET NO. 0962) 

The following was received: 



City of Boston 
Office of the City Clerk 



To the City Council. 
Councilors: 



August 6, 2001 



In accordance with Chapter 6 of the Ordinances of 
1 979, 1 hereby notify you of the following actions taken 
by the Mayor with regard to the papers acted upon by 
the City Council at its meeting of July 13, 2001, viz: 

0915 Order to fund the FY 2002 operating expenses of 
the Law Department. 

Approved by the Mayor July 13, 2001. 

0920 Order approving a supplemental appropriation 
of $60,000 for the City Council for FY02. 

Approved by the Mayor July 13, 2001. 



Very truly yours, 

Rosaria Salerno, 

City Clerk. 



Placed on file. 



NOTICE FROM CITY CLERK RE: ACTIONS 
TAKEN BY MAYOR ON PAPERS ACTED 
UPON BY CITY COUNCIL AT ITS JULY 18, 
2001 (DOCKET NO. 0963) 

The following was received: 



City of Boston 
Office of the City Clerk 



August 6, 2001 



To the City Council. 
Councilors: 



In accordance with Chapter 6 of the Ordinances of 
1979, 1 hereby notify you of the following actions taken 
by the Mayor with regard to the papers acted upon by 
the City Council at its meeting of July 18, 2001, viz: 

0245 Order approving an appropriation of $713,373. 
14 for the Library of Last Recourse. 



Approved by the Mayor July 26, 2001. 

0668 Order approving an appropriation of $833,637. 
63 for the Library of Last Recourse. 

Approved by the Mayor July 26, 2001. 

0718 Order for loan of $5,555,000 for the construc- 
tion or reconstruction of bridges of stone or concrete or 
of iron superstructure for the purposes of the 
Neighborhood Development and Public Works 
Departments. 

Approved by the Mayor July 26, 2001. 

0776 Order approving a supplemental appropriation 
of $2,658,700 for FY01 expenses to cover projected 
deficits in the Property Management Department and 
for the Youth Fund. 

Approved by the Mayor July 26, 2001. 

0907 Order approving a petition for a Special Law re: 
payment of certain medical expenses of retired 
Firefighter Charles J. Kelley. 

Approved by the Mayor August 6, 2001. 

0916 Ordinance amending City Council Personnel 
Salaries; re: Legislative Analyst. 

Approved by the Mayor August 6, 2001. 

0917 Ordinance amending City Council Personnel 
Salaries; re: Assistant Budget Director. 

Approved by the Mayor August 6, 2001. 

0926 Order approving an appropriation of $791,499. 
39 for the Library of Last Recourse. 

Approved by the Mayor July 26, 2001. 

0927 Constable's Bonds of John T. Burke, Luis 
Gonzalea and Maria C. Souto. 

Approved by the Mayor July 26, 2001. 

0933 Ordinance amending City Council Personnel, 
Salaries. 

Approved by the Mayor July 26, 2001. 

Very yours, 

Rosaria Salerno, 

City Clerk. 

Placed on file . 



• 



APPROVAL OF CONSTABLES' BONDS 
(DOCKET NO. 0964) 

The Constables' Bonds of Joseph F. Allen, John R. 
Carrey, Ron Cobb, Lawrence P. Neves, Angela Perry, 
Jackson D. William and Derek S. Wright, having been 
duly approved by the Collector-Treasurer, were received 
and approved. 



COMMUNICATION FROM COMMITTEE FOR A 
BETTER BOSTON TO PLACE BEFORE-VOT- 
ERS A BALLOT QUESTION WHICH IF 
PASSED WOULD ESTABLISH IN BOSTON 
COMMUNITY PRESERVATION FUND 
AUTHORIZED IN CHAPTER 267 OF ACT OF 
2000 (DOCKET NO. 0965) 



• 



AUGUST 8, 2001 



195 



The following was received: 

Form CPF M 101 BQ: STATEMENT OF ORGANI- 
ZATION BALLOT QUESTION COMMITTEE 
MUNICIPAL FORM 

Office of Campaign and Political Finance 
File with: City or Town Clerk or Election 
Commission 

Please print or type all information, except signatures 
NOTICE IS HEREBY GIVEN in accordance with 
the provisions of General Laws, Chapter 55, as 
amended, of the organization of a ballot question com- 
mittee as follows: 

1 . Name: The Committee For A Better Boston 



2. Mailing Address: 
Dorchester, MA 02124 



1803 Dorchester Ave. 



3. Purpose: To place before the voters ballot question 
which, if passed, would establish in Boston a 
Community Preservation fund authorized in Chapter 
267 of the Act of 2002. Funds would be used for afford- 
able housing, open space, and historic preservation. 
Coalition includes many non-profit organizations. 



5. Officers 

Chairman: 
Dorchester 02 1 22 



Florence Hagins 43 Downer Ave, 



Councilor MURPHY, on behalf of the Committee on 
Historic Preservation, submitted the following: 

Report on Docket No. 0619, message of the Mayor 
and order for confirmation of the reappointment of 
Richard Schmidt as a member of the Bay State 
Road/Back Bay West Architectural Conservation 
District Commission for a term expiring June 30, 2002 
(referred May 16) — recommending the order ought to 
be placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR CONFIRMATION OF 
REAPPOINTMENT OF RICHARD SCHMIDT 
AS MEMBER OF BAY VILLAGE HISTORIC 
DISTRICT COMMISSION (DOCKET NO. 
0621) 

Councilor MURPHY, on behalf of the Committee on 
Historic Preservation, submitted the following: 

Report on Docket No. 0621, message of the Mayor 
and order for confirmation of the reappointment of 
Richard Schmidt as a member of the Bay Village 
Historic District Commission for a term expiring April 
1 (referred May 16) -recommending the order ought to 
be placed on file. 

The report was accepted; the order was placed on 
file. 



Treasurer: Anthony Papillo 272 Neponset Ave, 
Dorchester 02122 



The chairman and treasurer of a political committee 
should be aware that provisions of M. G. L. c. 55 spec- 
ify that each treasurer of a political committee shall 
keep and preserve detailed accounts, vouchers and 
receipts for a period of six years from the date of the rel- 
evant election. Chapter 55 also specifies that no expen- 
ditures shall be made for, or on behalf of, a political 
committee without the authorization of the chairman or 
treasurer, or their designated agents; and, that all funds 
of a political committee shall be kept separate from any 
personal funds of any officers, members or associates of 
such committee. 

I hereby accept the office of Chairman of the above- 
named committee. SIGNED UNDER PENALTY OF 
PERJURY 

Florence Hagins, 8/6/01 
Chairman, signature 

I hereby accept the office of treasurer of the above- 
named committee. I understand that I am subject to cer- 
tain duties and liabilities under M.G.L, c. 55, including 
the timely filing of campaign finance reports. I am 
aware that an appointed public employee may not serve 
as treasurer of a ballot question committee. SIGNED 
UNDER PENALTY OF PERJURY 

Anthony Papillo, 8/6/01 
Treasurer, signature 

Referred to the Committee on Government 
Operations. 



REPORT ON ORDER FOR CONFIRMATION OF 
REAPPOINTMENT OF RICHARD SCHMIDT 
AS MEMBER OF BAY STATE ROAD/BACK 
BAY WEST ARCHITECTURAL CONSERVA- 
TION DISTRICT COMMISSION (DOCKET 
NO. 0610) 



REPORT ON ORDER APPROVING SUPPLEMEN- 
TAL APPROPRIATION OF $173,750 TO 
COVER FY01 COST IN PROPERTY MAN- 
AGEMENT DEPARTMENT OF COLLECTIVE 
BARGAINING AGREEMENT WITH BOSTON 
MUNICIPAL POLICE PATROLMEN'S ASSO- 
CIATION (DOCKET NO. 0924) 

Councilor DAVIS-MULLEN, on behalf of the 
Committee on Ways and Means, submitted the follow- 
ing: 

Report on Docket No. 0924, message of the Mayor 
and order approving a supplemental appropriation of 
$173,750 to cover the FY01 cost in the Property 
Management Department of the collective bargaining 
agreement with the Boston Municipal Police 
Patrolmen's Association (referred July 18) — recom- 
mending passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER APPROVING SUPPLEMEN- 
TAL APPROPRIATION OF $173,750 TO 
COVER FY01 COST IN PROPERTY MAN- 
AGEMENT DEPARTMENT OF COLLECTIVE 
BARGAINING AGREEMENT WITH BOSTON 
MUNICIPAL POLICE PATROLMEN'S ASSO- 
CIATION (DOCKET NO. 0925) 

Councilor DAVIS-MULLEN, on behalf of the 
Committee on Ways and Means, submitted the follow- 
ing: 

Report on Docket No. 0925. message of the Mayor 
and order to reduce appropriation for the Reserve ol 
Collective Bargaining by $ 173,750 to provide funding 
in the Property Management Department for the FY01 
cost of the collective bargaining agreement with the 



196 



CITY COUNCIL 



Boston Municipal Police Patrolmen's Association 
(referred July 18) — recommending passage of the 
order. 

The report was accepted; the order was passed. 



REPORT ON ORDER APPROVING SECTION 114 
OF CHAPTER 159 OF THE ACTS OF 2000 
WHICH GRANTS BY LOCAL OPTION THE 
AUTHORITY TO EXEMPT PERSONAL 
PROPERTY ACCOUNTS OF $10,000 OF 
ASSESSED VALUE OR LESS (DOCKET NO. 
0329) 

Councilor DAVIS-MULLEN, on behalf of the 
Committee on Ways and Means, submitted the follow- 
ing: 

Report on Docket No. 0329, message of the Mayor 
and order approving Section 114 of Chapter 159 of the 
Acts of 2000 which grants by local option the authority 
to exempt personal property accounts of $10,000 of 
assessed value or less (referred February 28) - recom- 
mending passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING DEPART- 
MENT OF NEIGHBORHOOD DEVELOP- 
MENT TO APPLY FOR, ACCEPT AND 
EXPEND FY2001 ECONOMIC DEVELOP- 
MENT INITIATIVE SPECIAL PROJECTS 
GRANT OF $500,000 FROM U. S. DEPART- 
MENT OF HOUSING AND URBAN DEVEL- 
OPMENT (HUD) FOR MAIN STREETS PRO- 
GRAM (DOCKET NO. 0333) 

Councilor HENNIGAN, on behalf of the Committee 
on Economic Development, submitted the following: 

Report on Docket No. 0333 message of the Mayor 
and order authorizing the Department of Neighborhood 
Development to apply for, accept and expend a FY2001 
Economic Development Initiative special projects grant 
of $500,000 from the U. S. Department of Housing and 
Urban Development (HUD) for the Main Streets 
Program (referred February 28) — recommending the 
passage of the order. 

The report was accepted; the order was passed. 



purpose of a truancy prevention program as well as a 
Vietnamese community relations specialist to provide 
outreach to the Vietnamese community in Dorchester 
(referred May 16) - recommending passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING POLICE 
DEPARTMENT TO ACCEPT AND EXPEND 
GANG RESISTANCE EDUCATION AND 
TRAINING GRANT AWARD OF $116,557 
FROM U. S. DEPARTMENT OF TREASURY, 
BUREAU OF ALCOHOL AND TOBACCO 
AND FIREARMS FOR PURPOSE OF CON- 
TINUING ITS SUMMER G. R. E. A. T. PRO- 
GRAM (DOCKET NO. 0841) 

Councilor CONLEY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket No. 0841, message of the Mayor 
and order authorizing the Police Department to accept 
and expend a Gang Resistance Education and Training 
grant award of $116,557 from the U. S. Department of 
Treasury, Bureau of Alcohol and Tobacco and Firearms 
for the purpose of continuing its Summer G. R. E. A. T. 
Program (referred June 27) - recommending passage of 
the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING SHERIFF OF 
SUFFOLK COUNTY TO ACCEPT AND 
EXPEND REVENUES RECEIVED FROM 
SOCIAL SECURITY ADMINISTRATION PUR- 
SUANT TO FEDERAL PUBLIC LAW 104-193 
WHICH AMENDED SECTION 1611(E)(1) OF 
THE SOCIAL SECURITY ACT (DOCKET NO. 
0666) 

Councilor CONLEY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket No. 0666, message of the Mayor 
and order authorizing Sheriff of Suffolk County to 
accept and expend revenues received from the Social 
Security Administration pursuant to Federal Public Law 
104-193 which amended Section 1611(e)(1) of the 
Social Security Act (referred May 23) - recommending 
passage of the order. 

The report was accepted; the order was passed. 



• 



REPORT ON ORDER AUTHORIZING THE POLICE 
COMMISSIONER TO ACCEPT AND EXPEND 
GRANT OF $74,137. 81 FROM MASSACHU- 
SETTS OFFICE OF ATTORNEY GENERAL 
FOR PURPOSE OF TRUANCY PREVENTION 
PROGRAM AS WELL AS VIETNAMESE 
COMMUNITY RELATIONS SPECIALIST TO 
PROVIDE OUTREACH TO VIETNAMESE 
COMMUNITY IN DORCHESTER (DOCKET 
NO. 0624) 

Councilor CONLEY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket 0624, message of the Mayor and 
order authorizing the Police Commissioner to accept 
and expend a grant of $74,137. 81 from the 
Massachusetts Office of the Attorney General for the 



REPORT ON ORDER FOR CONFIRMATION OF 
REAPPOINTMENT OF THOMAS GREEN AS 
MEMBER OF MISSION HILL TRIANGLE 
ARCHITECTURAL CONSERVATION DIS- 
TRICT COMMISSION FOR TERM EXPIRING 
JUNE 30, 2003 (DOCKET NO. 061 1) 

Councilor MURPHY, on behalf of the Committee on 
Historic Preservation, submitted the following: 

Report on Docket No. 0611, message of the Mayor 
and order for confirmation of the reappointment of 
Thomas Green as a member of the Mission Hill Triangle 
Architectural Conservation District Commission for a 
term expiring June 30, 2003 (referred May 16) — rec- 
ommending the passage of the order. 



• 



AUGUST 8, 2001 



197 



The report was accepted; the order was passed. 











REPORT ON ORDER FOR CONFIRMATION OF 
APPOINTMENT OF JEFFRY POND AS MEM- 
BER OF MISSION HILL TRIANGLE ARCHI- 
TECTURAL CONSERVATION DISTRICT 
COMMISSION FOR TERM EXPIRING JUNE 
30, 2002 (DOCKET NO. 0612) 

Councilor MURPHY, on behalf of the Committee on 
Historic Preservation, submitted the following: 

Report on Docket No. 0612, message of the Mayor 
and order for confirmation of the appointment of Jeffry 
Pond as a member of the Mission Hill Triangle 
Architectural Conservation District Commission for a 
term expiring June 30, 2002 (referred May 16) — rec- 
ommending the passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER FOR CONFIRMATION OF 
REAPPOINTMENT OF JOHN AMODEO AS 
MEMBER OF SOUTH END LANDMARK DIS- 
TRICT COMMISSION FOR TERM EXPIRING 
JUNE 30, 2002 (DOCKET NO. 0613) 

Councilor MURPHY, on behalf of the Committee on 
Historic Preservation, submitted the following: 

Report on Docket No. 0613, message of the Mayor 
and order for confirmation of the reappointment of John 
Amodeo as a member of the South End Landmark 
District Commission for a term expiring June 30, 2002 
for a term expiring June 30, 2002 (referred May 16) — 
recommending the passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER FOR CONFIRMATION OF 
REAPPOINTMENT OF THOMAS GREEN AS 
MEMBER OF ST. BOTOLPH AREA ARCHI- 
TECTURAL CONSERVATION DISTRICT 
COMMISSION FOR TERM EXPIRING JUNE 
30, 2003 (DOCKET NO. 0614) 

Councilor MURPHY, on behalf of the Committee on 
Historic Preservation, submitted the following: 

Report on Docket No. 0614, message of the Mayor 
and order for confirmation of the reappointment of 
Thomas Green as a member of the St. Botolph Area 
Architectural Conservation District Commission for a 
for a term expiring June 30, 2003 (referred May 16) — - 
recommending the passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER FOR CONFIRMATION OF 
APPOINTMENT OF JEFFRY POND AS MEM- 
BER OF ST. BOTOLPH AREA ARCHITEC- 
TURAL CONSERVATION DISTRICT COM- 
MISSION FOR TERM EXPIRING JUNE 30, 
2003 (DOCKET NO. 0615) 

Councilor MURPHY, on behalf of the Committee on 
Historic Preservation, submitted the following: 

Report on Docket No. 0615, message of the Mayor 
and order for confirmation of the appointment of Jeffry 
Pond as a member of the St. Botolph Area Architectural 
Conservation District Commission for a for a term 
expiring Ju .ic 30, 2003 (referred May 16) — recom- 



mending the passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER FOR CONFIRMATION OF 
REAPPOINTMENT OF LISA SERAFIN AS 
MEMBER OF SOUTH END LANDMARK DIS- 
TRICT COMMISSION FOR TERM EXPIRING 
JUNE 30, 2003 (DOCKET NO. 0616) 

Councilor MURPHY, on behalf of the Committee on 
Historic Preservation, submitted the following: 

Report on Docket No. 0616, message of the Mayor 
and order for confirmation of the reappointment of Lisa 
Serafin as a member of the South End Landmark 
District Commission for a term expiring June 30, 2003 
(referred May 16) — recommending the passage of the 
order. 

The report was accepted; the order was passed. 



REPORT ON ORDER FOR CONFIRMATION OF 
REAPPOINTMENT OF JOHN FREEMAN AS 
MEMBER OF SOUTH END LANDMARK DIS- 
TRICT COMMISSION FOR TERM EXPIRING 
JUNE 30, 2001 (DOCKET NO. 0617) 

Councilor MURPHY, on behalf of the Committee on 
Historic Preservation, submitted the following: 

Report on Docket No. 0617, message of the Mayor 
and order for confirmation of the reappointment of John 
Freeman as a member of the South End Landmark 
District Commission for a term expiring June 30, 2001 
(referred May 16) — recommending the passage of the 
order. 

The report was accepted; the order was passed. 



REPORT ON ORDER FOR APPOINTMENT OF IPHI- 
GENIA DEMETRIADES AS AN ALTERNATE 
MEMBER OF BACK BAY ARCHITECTURAL 
COMMISSION FOR TERM EXPIRING 
DECEMBER 31, 2004 (DOCKET NO. 0623) 

Councilor MURPHY, on behalf of the Committee on 
Historic Preservation, submitted the following: 

Report on Docket No. 0623, notice from the Mayor of 
the appointment of Iphigenia Demetriades as an alter- 
nate member of the Back Bay Architectural 
Commission for a term expiring December 31, 2004 
(referred May 16) — recommending the passage of the 
order. 

The report was accepted; the order was passed. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0967) 

Councilor YANCEY offered the following: 

Ordered: That effective Saturday, August 11. 2001. 
the following named person be, and hereby is. appointed 
to the position set against their name until Friday. 
September 21, 2001: 

Alicia Rampulla, Acting Research Director, $929.12 
full time. 

Passed under suspension of the rules. 



198 



CITY COUNCIL 



• 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 0968) 

Councilor YANCEY offered the following: 

Ordered: That effective Saturday, August 11, 2001, 
the following named person be, and hereby is, appointed 
to the position set against their name until Friday, 
August 17,2001: 

Tracy Holt, Administrative Asst., $2,670.50 full time. 
Kathleen M. Ryan, Administrative Asst., $2,574. 72, 
full time. 



Bridge and Sumner Tunnel; therefore be it 

Ordered: That the Boston City Council hold a public 
hearing to review the results of the MBTA's pilot pro- 
gram and explore the feasibility of expanding the pro- 
gram; and be it further 

Ordered: That representatives of the MBTA, the 
Boston Transportation Department, the Boston 
Bicycling Coordinator, the Massachusetts Bike 
Coalition, the Boston Bicycle Advisory Committee and 
members of the public be invited to testify. 

Referred to the Committee on Transportation. 



Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 0969) 

Councilor YANCEY offered the following: 

Ordered: That effective Saturday, August 18, 2001, 
the following named person be, and hereby is, appointed 
to the position set against their name until Friday, 
September 21, 2001: 

Tracy Holt, Administrative Asst., $670. 50, full time. 
Kathleen M. Ryan, Administrative Asst., $574.72, 
full time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0970) 

Councilor YANCEY offered the following: 

Ordered: That effective Saturday, August 4, 2001, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, 
September 21, 2001: 

Danielle M. Flynn, Secretary, $600, full time. 

Passed under suspension of the rules. 



ORDER FOR HEARING TO REVIEW RESULTS OF 
MBTA'S PILOT PROGRAM AND EXPLORE 
FEASIBILITY OF EXPANDING THE PRO- 
GRAM (DOCKET NO. 0971) 



Councilors HONAN, 
offered the following: 



ROSS and SCAPICCHIO 



Whereas: Increased bicycling within the city would 
reduce traffic congestion, improve air quality, preserve 
Boston's livability, and enhance the quality of urban 
life; and 

Whereas: The City Council's Committee on 
Transportation held a hearing to explore the feasibility 
of appointing a bicycle planner to promote and improve 
cycling in the city; and 

Whereas: Testimony given at that hearing indicated 
that better and safer access to bicycling would result in 
increased bicycle use as a means of inner city travel; and 

Whereas: The MBTA initiated a pilot program 
approximately one year ago whereby bicycle racks were 
installed on the front of certain cross-town buses to pro- 
vide links for bicyclists within the urban ring; and 

Whereas: Access to bicycle travel outside the urban 
ring is precluded by boundaries such as the Tobin 



ORDINANCE ELIMINATING THE TERM "MINOR- 
ITY" (DOCKET NO. 0972) 

Councilors YANCEY and TURNER offered the fol- 
lowing: 

City of Boston 

In the Year Two Thousand and One 
AN ORDINANCE ELIMINATING THE TERM 
"MINORITY" 

WHEREAS: The term "minority" means the smaller 
in number of two groups constituting a whole; and 

WHEREAS: References to African Americans, 
Latinos, Asian Americans, and Native Americans as 
"minorities" have been conveyed as negative connota- 
tions that imply inferiority and inequity among 
Americans; and 

WHEREAS: Some have argued that the term "minor- 
ity" used in reference to people of color is a tool of 
white supremacy to psychologically make people of 
color feel inferior and less than; and 

WHEREAS: The San Diego City Council, under the 
leadership of Councilman George Stevens, voted unan- 
imously to ban the word "minority" from all of its city 
documents and discussions; and 

WHEREAS: The National Black Caucus of Local 
Elected Officials on March 6, 1999 adopted a resolution 
named after George Stevens that proclaims that those 
ethnic groups named herein as "minorities" shall hence- 
forth be referred to as People of Color; Therefore 

BE IT THEREFORE ORDAINED BY THE CITY 
COUNCIL OF BOSTON, AS FOLLOWS: That the 
City of Boston discontinue the use of the term "minor- 
ity" in reference to any citizen or ethnic group. 



• 



Councilor FLAHERTY in the Chair. 



President YANCEY in the Chair. 



Referred to the Committee on Government 
Operations. 



RESOLUTION THAT CITY WILL NOT ALLOW 
ANY OF ITS MONIES OR FUNDS INCLUD- 
ING FUNDS HELD UNDER PROVISIONS OF 
BOSTON RETIREMENT FUND TO REMAIN 
INVESTED OR TO BE INVESTED IN THE 
FUTURE, IN STOCKS, SECURITIES OR 
OTHER BUSINESS OBLIGATIONS OF 
HOUSEHOLD INTERNATIONAL OR IN 
MUTUAL FUNDS WHICH ARE MAJOR 



• 







AUGUST 8, 2001 



199 



SHAREHOLDERS IN 
(DOCKET NO. 0973) 



THIS COMPANY 











Councilors TURNER, FLAHERTY, ROSS, MUR- 
PHY, ROACHE, DAVIS, FEENEY, HENNIGAN and 
HONAN offered the following: 

Whereas, the subprime lending industry has grown 
rapidly in the last few years, increasing almost tenfold 
since 1993, and has increased its share of conventional 
home loan applications, and 

Whereas, some subprime lenders seek to fill a void 
created by redlining, i. e. , The practice of mainstream 
avoiding institutions avoiding doing business in poor 
communities or communities of color; and 

Whereas, some subprime lenders and other home 
lenders aggressively market high-cost home loans that 
borrowers are unable to repay, and engage in other 
unfair or fraudulent credit practices that may be strip- 
ping families and communities of the equity they have 
in their homes, and 

Whereas, these practices are commonly referred to as 
"predatory lending"; and 

Whereas, the HUD Treasury Task Force on Predatory 
Lending, in its recent report Curbing Predatory Home 
Mortgage Lending (the HUD/Treasury report) has doc- 
umented and analyzed the problem of predatory lending 
in home mortgage lending; and 

Whereas, predatory lending practices as documented 
by the HUD/Treasury Task report and other commenta- 
tors include: refinancing, and especially repeated refi- 
nancing of a loan without any tangible benefit to the 
borrower; charging excessive prepayment penalties 
financing single premium credit insurance; failing to 
comply with federal requirements with respect to dis- 
closure of loan terms and loan settlements; making a 
loan for more than the borrower can repay; financing 
excessive points and fees; and 

Whereas, predatory lending practices contribute to an 
increasing the number of foreclosures that can result in 
abandoned housed and blighted neighborhoods and con- 
tribute to the physical and economic deterioration of 
lower-income, inner city communities and communities 
of color in Boston, and drain resources that would oth- 
erwise be available for local spending and investment; 
and 

Whereas, predatory practices, as a secondary result of 
the damage that they cause in communities, are increas- 
ingly the target of increased scrutiny, by the public, as 
well as by regulators and others; and 

Whereas, companies that engage in predatory lending 
are therefore at an increased risk for litigation, and oth- 
jer similar sources of finacial burden; and 

Whereas, some predatory practices, such as the 
financing of single premium credit insurance, are 
becoming illegal in a growing number of geographies, 
representing a significant change in the business envi- 
ronment for firms which have engage in these practices 
on a large scale; putting them in a situation of some 
financial uncertainty; and 

Whereas, it is not in the interests of the City of Boston 
to invest resources in supporting corporations which 
engage in business practices which are harmful to the 
City of Boston and its residents; and 

Whereas, it is not in the interests of the City of Boston 
to invest resources in firms which are facing a particu- 
larly uncertain future because of moral, legal, and regu- 



latory scrutiny of their activities; and 

Whereas, Household International, through the firms 
of Household Finance and beneficial, engages in preda- 
tory practices as described in the HUD Treasury report 
both within the City of Boston, and throughout the 
country, including financing single premium credit life 
insurance policies on a large scale, charging and financ- 
ing excessive rates and fees, and refinancing loans 
where there is no benefit to the borrower from such refi- 
nancing; and 

Whereas, the Boston Retirement Fund which over- 
sees City of Boston pension funds has $1,000,000 
invested in Household Finance stocks; Therefore, let it 
be 

Resolved that, the City of Boston will not allow any 
of its monies or funds including funds held under the 
provisions of the Boston Retirement Fund to remain 
invested, or to be invested in the future, in stocks, secu- 
rities or other business obligations of Household 
International, or in mutual funds which are major share- 
holders in this company; and 

Resolved that the divestiture required by this subsec- 
tion shall be completed within three (3) months of final 
approval of this resolution. 

Referred to the Committee on Banking and 
Community Investment. 



ORDER FOR HEARING RE: NO DIESEL PLEDGE 
FOR MBTA (DOCKET NO. 0974) 

Councilors TURNER, YANCEY, FEENEY, HENNI- 
GAN, FLAHERTY, MURPHY, SCAPICCHIO, 
HONAN, ROACHE and ROSS offered the following: 

Whereas, Governor Weld initiated the "no diesel 
pledge" for the MBTA in 1994; and 

Whereas, the Administrative Consent Order on 
Transit Commitments (ACO) Requires the retrofit of all 
remaining buses in the MBTA system, and 

Whereas, the Executive Office of Transportation and 
Construction is proposing particulate filters for only 50 
buses. THEREFORE BE IT 

ORDERED: THAT a hearing be held with represen- 
tatives of the Executive Office of Transportation and 
Construction, representatives of the Department of 
Environmental Protection, representatives of all other 
relevant agencies, and the public to discuss how this 
issue can be resolved in keeping with Governor Weld's 
original position. 

Referred to the Committee on State and Federal 
Relations. 



ORDER FOR LOAN OF $3,500,000 FOR ACQUIR- 
ING LAND OR INTERESTS IN LAND FOR 
ANY PURPOSE FOR WHICH CITY IS OR 
MAY HEREINAFTER BE AUTHORIZED TO 
ACQUIRE LAND OR INTEREST THEREIN; 
AND FOR CONSTRUCTION OF BUILDINGS 
OR FOR ADDITIONS TO SUCH BUILDINGS 
WHERE SUCH ADDITIONS INCREASE 
FLOOR SPACE OF SAID BUILDINGS 
INCLUDING COST OF ORIGINAL EQUIP- 
MENT AND FURNISHINGS OF SAID BUILD- 
INGS FOR PURPOSES OF SCHOOL DEPART- 
MENT (DOCKET NO. 0975) 

Councilor YANCEY offered the following: 



200 



CITY COUNCIL 



ORDERED: That the sum of Three Million Five 
Hundred Thousand Dollars ($3,500,000) be, and hereby 
is, appropriated for acquiring land, or interests in land, 
for any purpose for which the City is, or may hereafter 
be, authorized to acquire land or interests therein; and 
for the construction of buildings, or for additions to such 
buildings where such additions increase the floor space 
of said buildings, including the cost of original equip- 
ment and furnishings of said buildings, for the purposes 
of the School Department; and that to meet said appro- 
priation the Collector/Treasurer be, and hereby is, 
authorized under the provisions of Clause (3) of Section 
7 of Chapter 44 of the General Laws, to issue from time 
to time, with the approval of the Mayor, bonds, notes or 
certificates of indebtedness of the City up to said 
amount, provided that the appropriation authorized 
through this order be expended only on those projects as 
described by name attached herein. Be it further 
ordered: 

ORDERED: That the Office of Budget Management 
and the managing department for each project shall 
issue written quarterly capital reports to the Boston City 
Council on all capital construction projects funded by 
this loan order, beginning on October 1, 2001 and sub- 
sequently on January 1, April 1 and July 1 of each pro- 
ject. These shall include the following information: 

Written description of projects summarizing activities 
for the last quarter including but not limited to: existing, 
current and future authorization detail, scope of project, 
cwrent status of project, projected start date, projected 
milestones/benchmarks tied to construction schedule, 
projected completion date, projected on-line date, his- 
torical spending information, current year to date spend- 
ing information up to last date of reporting quarter, 
anticipated future spending, any information on antici- 
pated cost over-runs. 

Attachment 

1. Dorchester High School (study/assessment 
$500,000; masonry and roof repairs $3.0M) 

The order was given its first reading and assigned 
for further action; yeas 1 1 , nays 1 : 

Yeas - Councilors David-Mullen, Feeney, Flaherty, 
Honan, Kelly, Murphy, Roache, Ross, Scapicchio, 
Turner, Yancey -11. 

Nays - Councilor Conley - 1. 



RESOLUTION RE: FAA AND LOGAN AIRPORT 
(DOCKET NO. 0976) 

Councilors SCAPICCHIO, HONAN, YANCEY, 
ROACHE, FEENEY, DAVIS-MULLEN, FLAHERTY, 
TURNER, ROSS and KELLY offered the following: 

WHEREAS: Regionalization is a public policy which 
has been almost universally embraced, and 

WHEREAS: The core concept of regionalization is to 
spread out the availability of air service using the lim- 
ited public resource of existing airports, and 

WHEREAS: The environmentally responsible thing 
to do is to provide air-service in close proximity to peo- 
ples' homes and businesses, and 

WHEREAS: Over 3000 people per day travel to 
Logan Airport from the contiguous communities of 
Hanscom, in many cases driving right past Hanscom 
Airport to do so, and 

WHEREAS: No single area in America contains 
more nationally significant historic properties than the 
City of Boston, yet the FAA allows airlines to add new 
service and allows new airlines to begin operations out 



of Logan Airport without requiring an environmental 
impact assessment or historic property impact evalua- 
tions, and 

WHEREAS: The FAA must be consistent when con- 
sidering how various communities are impacted by air 
service and must hold all air service providers to an 
equal standard, therefore be it 

RESOLVED: That the FAA either mandate that new 
air carriers at Logan conduct individual environmental 
impact assessments or the FAA, hold the communities 
surrounding airports other than Logan Airport to the 
same standard employedly Massport and be it her 
resolved that the FAA heed Presidential Executive 
Order 12898 on Environmental Justice through its 
actions in allowing an expansion of air service at 
Hanscom Airport. 

On motion of Councilor SCAPICCHIO, the rules 
were suspended; the resolution was adopted. 



ORDER FOR HEARING TO INVESTIGATE PLANS 
FOR FUTURE OPEN SPACE PARCELS AND 
DEVELOPMENT PARCELS WHICH WILL BE 
CREATED WHEN OLD CENTRAL ARTERY IS 
TAKEN DOWN (DOCKET NO. 0977) 

Councilor SCAPICCHIO offered the following: 

Whereas: The completion ofthe Central Artery 
Project is approaching and many questions still exist as 
to the plans for the future Central Artery open space and 
development parcels, and 

Whereas: The Massachusetts Turnpike Authority is 
now working on a procurement process for final design 
of the parcels, and 

Whereas: A public, participatory planning process 
with a consensus building approach should be con- 
ducted to determine the best possible vision for the 
parcels, and 

Whereas: Funding questions have arisen as to how 
the creation of and maintenance of the open space 
parcels will be paid for and questions of oversight of 
development parcels exist, so be it 

Ordered: That the Boston City Council hold a hearing 
to investigate the plans for the future open space parcels 
and the development parcels which will be created when 
the old Central Artery is taken down and that the 
Massachusetts Turnpike Authority, the BRA, the Public 
Works Department, the Parks Department, the Central 
Artery Project, and all other interested parties be invited 
to testify. 

Referred to the Committee on Transportation. 



• 



RESOLUTION URGING MASSACHUSETTS STATE 
LEGISLATURE TO PASS SENATE BILL 674 
MANDATING RELIGIOUS LEADERS TO 
REPORT CHILD ABUSE (DOCKET NO. 0533) 

Councilor TURNER called Docket No. 0533 from 
the Committee on State and Federal Relations. 

No objection being heard, the matter was before the 
body. 

On motion of Councilor TURNER, the resolution 
was adopted. 

Councilor SCAPICCHIO moved reconsideration. 

Reconsideration prevailed. 



• 



AUGUST 8, 2001 



201 



On motion of Councilor TURNER, the resolution 
was adopted; yeas 11, nays 1, abstaining 1: 

Yeas - Councilors Conley, Davis-Mullen, Feeney, 
Flaherty, Hennigan, Honan, Murphy, Roache, Ross, 
Turner, Yancey- 1 1 . 

Nays - Councilor Kelly- 1. 

Abstaining - Councilor Scapicchio -1. 







RESOLUTION SUPPORTING GOALS AND SUC- 
CESSES OF BOTH BOSTON UNITED TO 
END RACISM CONFERENCE AND UNITED 
NATIONS WORLD CONFERENCE AGAINST 
RACISM (DOCKET NO. 0978) 

Councilors YANCEY, TURNER and DAVIS- 
MULLEN offered the following: 

WHEREAS: The Themes of the U. N. World 

Conference Against Racism in Durban South Africa in 
September 2001 are: 

To develop strategies to achieve full and effective 
equality; to look at the roots of racism and make institu- 
tional changes in order to prevent its eruption; to iden- 
tify victims of racism, measures of prevention, educa- 
tion and protection aimed at eradicating racism, and 
effective remedies, recourses and redress; and to 
broaden the understanding of the problem of racism and 
promote the realization that every society in the world is 
affected and hindered by discrimination; and 

WHEREAS: The goals of the Boston United to End 
Racism Conference on August 11, 2001 are: 

To create a forum for individuals and organizations to 
network, share information and build relationships; to 
understand the damages done to individuals by racism - 
to those who are members of groups targeted by racism 
and to those who are members of groups that play 
oppressive roles - and undo this damage on an individ- 
ual basis in order to strengthen our ability to interrupt 
racism in our daily lives and to take leadership to 
remove racism from our institutions and form deep rela- 
tionships between and among people of all races; and to 
promote a new and important understanding of racism 
and the relationship between racism and other forms of 
systemic mistreatment, including how racism and other 
oppressions are inflicted upon people, how these 
oppressions damage people, how this damage is passed 
on from generation to generation, how people can resist 
such damage, and how each individual can recover from 
it; and 

WHEREAS: The Boston City Council is fully com- 
mitted to eliminating racism by eradicating institutional 
barriers to full inclusion of the great diversity of peoples 
of our city; and 

WHEREAS: The Boston City Council is dedicated to 
the proposition that the elimination of racism is neces- 
sary for humankind to progress; and 

WHEREAS: The Boston City Council believes 
racism inhibits unity between and among groups and 
individuals; Be It Therefore 

RESOLVED: That the Boston City Council, in meet- 
ing assembled, enthusiastically supports the goals and 
successes of both the Boston United to End Racism 
Conference and the United Nations World Conference 
Against Racism. 



• 



Councilor FLAHERTY in the Chair. 



On motion of the Chair, the resolution was adopted. 
Councilor KELLY was recorded in opposition. 



ORDER FOR LOAN OF $9,802,000 FOR ORIGINAL 
CONSTRUCTION OF PUBLIC WAYS OR 
EXTENSION OR WIDENING THEREOF 
INCLUDING LAND DAMAGES AND COST 
OF PAVEMENT AND SIDEWALKS LAID AT 
TIME OF SAID CONSTRUCTION OR FOR 
COST OF STONE, BLOCK, BRICK, CEMENT 
CONCRETE, BITUMINOUS CONCRETE, 
BITUMINOUS MACADAM OR OTHER PER- 
MANENT PAVEMENT OF SIMILAR LAST- 
ING CHARACTER FOR PURPOSES OF PUB- 
LIC WORKS AND TRANSPORTATION 
DEPARTMENTS (DOCKET NO. 0750) 

Councilor DAVIS-MULLEN called Docket No. 0750 
from the Assignment List. 

Hearing no objection, the matter was before the body. 

The order was given its second reading and pas- 
sage; yeas 13. 



ORDER FOR LOAN OF $252,500 FOR FIRE ALARM 
COMMUNICATION INSTALLATIONS AND 
FOR PURPOSE OF EXTENDING AND 
IMPROVING SUCH INSTALLATIONS 
(DOCKET NO. 0751) 

Councilor DAVIS-MULLEN called Docket No. 075 1 
from the Assignment List. 

Hearing no objection, the matter was before the body. 

The order was given its second reading and pas- 
sage; yeas 13. 



ORDER FOR LOAN OF $2,727,000 FOR ACQUISI- 
TION OF FIREBOATS FOR PURPOSES OF 
FIRE DEPARTMENT (DOCKET NO. 0752) 

Councilor DAVIS-MULLEN called Docket No. 0752 
from the Assignment List. 

Hearing no objection, the matter was before the body. 

The order was given its second reading and pas- 
sage; yeas 13. 



President YANCEY in the Chair. 



ORDER FOR LOAN OF $1 .090,000 FOR DEVELOP- 
MENT, DESIGN, PURCHASE, INSTALLA- 
TION AND OPERATION OF COMPUTER 
HARDWARE. COMPUTER SOFTWARE, 
OTHER DATA PROCESSING EQUIPMENT 
AND COMPUTER-ASSISTED INTEGRATED 
FINANCIAL MANAGEMENT AND 

ACCOUNTING SYSTEMS FOR MANAGE- 
MENT INFORMATION SERVICES DEPART- 
MENT (DOCKET NO. 0753) 

Councilor DAVIS-MULLEN called Docket No. 0753 
from the Assignment List. 

Hearing no objection, the matter was before the body. 

The order was given its second reading and pas- 
sage; yeas 13. 



ORDER FOR LOAN OF $2,460,000 FOR PLAN- 



202 



CITY COUNCIL 



NING. DESIGNING, ACQUIRING LAND FOR. 
CONSTRUCTING AND ORIGINALLY EQUIP- 
PING STRUCTURES AND FACILITIES AND 
FOR REMODELING, RECONSTRUCTING OR 
MAKING MAJOR ALTERATIONS, ADDI- 
TIONS AND MAJOR REPAIRS TO EXISTING 
FACILITIES OF VARIOUS CITY DEPART- 
MENTS INCLUDING NEIGHBORHOOD 
DEVELOPMENT, OFFICE OF BUDGET MAN- 
AGEMENT AND PARKS AND RECREATION 
DEPARTMENTS (DOCKET NO. 0754) 

Councilor DAVIS-MULLEN called Docket No. 0754 
from the Assignment List. 

Hearing no objection, the matter was before the body. 

The order was given its second reading and pas- 
sage; yeas 12, nays 0: 

Yeas - Councilors Conley, Davis-Mullen, Feeney, 
Flaherty, Hennigan, Honan, Kelly, Murphy, Roache, 
Scapicchio, Turner, Yancey- 12. 



ORDER FOR LOAN OF $59,320,000 FOR PLAN- 
NING, DESIGNING, ACQUIRING LAND FOR, 
CONSTRUCTING AND ORIGINALLY EQUIP- 
PING STRUCTURES AND FACILITIES AND 
FOR REMODELING, RECONSTRUCTING, 
MAKING EXTRAORDINARY REPAIRS 
AND/OR MAJOR ALTERATIONS AND ADDI- 
TIONS TO EXISTING FACILITIES INCLUD- 
ING ORIGINAL EQUIPMENT AND LAND- 
SCAPING, INCLUDING THE PLANTING OF 
SHADE TREES, PAVING AND OTHER SITE 
IMPROVEMENTS INCIDENTAL OR 
DIRECTLY RELATED TO SUCH REMODEL- 
ING, RECONSTRUCTION OR REPAIR FOR 
PURPOSES OF VARIOUS CITY DEPART- 
MENTS INCLUDING COMMUNITY CEN- 
TERS, FIRE, LIBRARY, MANAGEMENT 
INFORMATION SERVICES, NEIGHBOR- 
HOOD DEVELOPMENT, POLICE, PROP- 
ERTY MANAGEMENT, PUBLIC HEALTH 
COMMISSION, PUBLIC WORKS AND 
SCHOOL (DOCKET NO. 0755) 

Councilor DAVIS-MULLEN called Docket No. 0755 
from the Assignment List. 

Hearing no objection, the matter was before the body. 

The order was given its second reading and pas- 
sage; yeas 1 2, nays 0: 

Yeas - Councilors Conley, Davis-Mullen, Feeney, 
Flaherty, Hennigan, Honan, Kelly, Murphy, Roache, 
Scapicchio, Turner, Yancey- 12. 



ORDER FOR LOAN OF $15,235,000 FOR CON- 
STRUCTION OF MUNICIPAL OUTDOOR 
RECREATIONAL AND ATHLETIC FACILI- 
TIES INCLUDING ACQUISITION AND 
DEVELOPMENT OF LAND AND CON- 
STRUCTION AND RECONSTRUCTION OF 
SUCH FACILITIES FOR ENVIRONMENT, 
PARKS AND RECREATION AND SCHOOL 
DEPARTMENTS (DOCKET NO. 0756) 

Councilor DAVIS-MULLEN called Docket No. 0756 
from the Assignment List. 

Hearing no objection, the matter was before the body. 

The order was given its second reading and pas- 
sage; yeas 13. 



ORDER FOR LOAN OF $5,461,000 FOR COST OF 
DEPARTMENTAL EQUIPMENT TO SERVICE 
FIRE, LIBRARY, MANAGEMENT INFORMA- 
TION SERVICES, PARKS AND RECREATION 
AND SCHOOL DEPARTMENTS (DOCKET 
NO. 0757) 

Councilor DAVIS-MULLEN called Docket No. 0757 
from the Assignment List. 

Hearing no objection, the matter was before the body. 

The order was given its second reading and pas- 
sage; yeas 13. 



ORDER FOR LOAN OF $595,000 FOR ACQUIRING 
LAND OR INTERESTS IN LAND FOR ANY 
PURPOSE FOR WHICH CITY IS OR MAY 
HEREAFTER BE AUTHORIZED TO 
ACQUIRE LAND OR INTERESTS THEREIN, 
AND FOR CONSTRUCTION OF BUILDINGS 
OR FOR ADDITIONS TO SUCH BUILDINGS 
WHERE SUCH ADDITIONS INCREASE 
FLOOR SPACE OF SAID BUILDINGS 
INCLUDING COST OF ORIGINAL EQUIP- 
MENT AND FURNISHINGS OF SAID BUILD- 
INGS FOR PURPOSES OF FIRE AND 
SCHOOL DEPARTMENTS (DOCKET NO. 
0758) 

Councilor DAVIS-MULLEN called Docket No. 0758 
from the Assignment List. 

Hearing no objection, the matter was before the body. 

The order was given its second reading and pas- 
sage; yeas 13. 



ORDER FOR LOAN OF $11,670,000 FOR PLAN- 
NING, DESIGNING, ACQUIRING LAND FOR, 
CONSTRUCTING AND ORIGINALLY EQUIP- 
PING STRUCTURES AND FACILITIES AND 
FOR REMODELING, RECONSTRUCTING OR 
MAKING MAJOR ALTERATIONS, ADDI- 
TIONS AND MAJOR REPAIRS TO EXISTING 
FACILITIES INCLUDING ORIGINAL EQUIP- 
MENT AND LANDSCAPING INCLUDING 
PLANTING OF SHADE TREES, PAVING AND 
OTHER SITE IMPROVEMENTS INCIDEN- 
TAL OR DIRECTLY RELATED TO SUCH 
REMODELING, RECONSTRUCTION OR 
REPAIR FOR SCHOOL DEPARTMENT 
(DOCKET NO. 0759) 

Councilor TURNER called Docket No. 0759 from 
the Assignment List. 

Hearing no objection, the matter was before the body. 

The order was given its second reading and pas- 
sage; yeas 13. 



ORDER FOR LOAN OF $60,000,000 FOR PLAN- 
NING, DESIGNING, ACQUIRING LAND FOR, 
CONSTRUCTING AND ORIGINALLY EQUIP- 
PING STRUCTURES AND FACILITIES AND 
FOR REMODELING, RECONSTRUCTING OR 
MAKING MAJOR ALTERATIONS, ADDI- 
TIONS AND MAJOR REPAIRS TO EXISTING 
FACILITIES INCLUDING ORIGINAL EQUIP- 
MENT AND LANDSCAPING INCLUDING 
PLANTING OF SHADE TREES, PAVING AND 
OTHER SITE IMPROVEMENTS INCIDEN- 







AUGUST 8, 2001 



203 



• 



# 



TAL OR DIRECTLY RELATED TO SUCH 
REMODELING, RECONSTRUCTION OR 
REPAIR FOR PURPOSES OF SCHOOL 
DEPARTMENT (DOCKET NO. 0760) 

Councilor TURNER called Docket No. 0760 from 
the Assignment List. 

Hearing no objection, the matter was before the body. 

The order was given its second reading and pas- 
sage; yeas 13. 



ORDER FOR LOAN OF $13,000,000 FOR SCHOOL 
PROJECTS INCLUDING PLANNING, 
DESIGNING, ACQUIRING LAND FOR, CON- 
STRUCTING AND ORIGINALLY EQUIPPING 
STRUCTURES AND FACILITIES AND FOR 
REMODELING, RECONSTRUCTING OR 
MAKING MAJOR ALTERATIONS, ADDI- 
TIONS AND MAJOR REPAIRS TO EXISTING 
FACILITIES INCLUDING ORIGINAL EQUIP- 
MENT AND LANDSCAPING INCLUDING 
PLANTING OF SHADE TREES, PAVING AND 
OTHER SITE IMPROVEMENTS INCIDEN- 
TAL OR DIRECTLY RELATED TO SUCH 
REMODELING, RECONSTRUCTION OR 
REPAIR FOR PURPOSES OF SCHOOL 
DEPARTMENT (DOCKET NO. 0663) 

Councilor TURNER called Docket No. 0663 from 
the Assignment List. 

Hearing no objection, the matter was before the body. 

The order was given its second reading and pas- 
sage; yeas 1 3. 



ORDINANCE AMENDING LIVING WAGE 
ORDINANCE (DOCKET NO. 0850) 

Councilor MURPHY called Docket No. 0850 from 
the Committee on Government Operations. 

Hearing no objection, the matter was before the body. 

Councilor MURPHY moved that the ordinance be 
substituted with the following: 

City of Boston 
In the Year Two Thousand and One 

AN ORDINANCE ESTABLISHING A TASK FORCE 
FOR IMPLEMENTATION 

Be it ordained by the City Council of Boston, as fol- 
lows: 

The City of Boston Code, Ordinances, Chapter IV be 
amended by adding the following new language in sec- 
tion 4-3: 

4-3 TASK FORCE FOR IMPLEMENTATION 

4-3. 1 Purpose. 

The purpose of this task force shall be: to ensure com- 
pliance with Chapter 40 Section 4F in promoting the 
purchase of clothing and apparel by cities and towns 
from manufacturers that pay their employees a prevail- 
ing wage, to review the implementation and enforce- 
ment of this ordinance; and to make recommendations 
from time to time in connection herewith. 

4-3. 2 Composition and Term 



The Task Force for Implementation shall be com- 
posed of three members who shall be appointed by the 
Mayor. 

(a) One member of the task force shall be a 
labor union member appointed by the Mayor from a list 
of three nominees recommended by the AFL-CIO. 

(b) One member of the task force shall be a rep- 
resentative of the garment industry or an association 
representing said industry. 

(c) One member of the task force shall be a 
member of a public interest group with experience in the 
garment industry. 

Each member of the task force shall serve a three- 
year term. 

4-3. 3 Meetings. 

The task force shall meet periodically and in special 
session as required. All meetings of the task force shall 
be open to the public under the Commonwealth's Open 
Meeting law. 

4-3. 4 Reporting. 

On a regular basis, the City Auditor shall issue a 
report on the City's compliance with G. L. c. 40, s. 4F. 
The report, sorted by department, shall include: contract 
or order for clothing apparel; the vendor, name and 
address of the vendor's manufacturer(s) and contrac- 
tors); factory name(s) and address(s) to be used for the 
contract or order; and a copy of the bidder's written dec- 
laration of G. L. c. 40, s. 4F compliance. 

This report will also be subject to review by the City 
Council Post Audit and Oversight Committee through 
the formal hearing process of the Boston City Council 
and its members. 

4-3. 5 Sunset Clause. 

The above terms and conditions for the Task Force for 
Implementation shall expire three years from the date of 
passage of G. L. c. 40, s. 4F. 

The motion was carried. 

On motion of Councilor MURPHY, the ordinance 
was passed. 



ORDER ACCEPTING PROVISIONS OF M. G. L. C. 
40 SECTION 4F REQUIRING ALL BUSI- 
NESSES CONTRACTING WITH THE CITY 
FOR PURCHASE OF CLOTHING OR 
APPAREL TO SUBMIT NAMES OF ALL 
THEIR MANUFACTURERS (DOCKET NO. 
0512) 

Councilor MURPHY called Docket No. 0512 from 
the Committee on Government Operations. 

Hearing no objection, the matter was before the body. 

On motion of Councilor MURPHY the order was 
passed. 



The Chair stated that, in absence of objectien, 4 late- 
filed matters would be added to the Agenda. 

No objection being heard, the following matters were 
added: 



204 



CITY COUNCIL 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0966) 

Councilor YANCEY offered the following: 

Ordered: That effective Saturday, August 11, 2001, 
the following named person be, and hereby is, appointed 
to the position set against their name: 

Patricia Miller, Secretary, $634.62, full time. 

Passed under suspension of the rules. 



ORDER FOR HEARING TO DETERMINE POSSI- 
BILITY OF BNN NEIGHBORHOOD BOARD 
AND VOTING RIGHTS FOR ALL BNN 
MEMBERS. 

Councilor DAVIS-MULLEN offered the following: 

WHEREAS: The Boston Neighborhood Network 
(BNN) provides public access television to the residents 
of the City of Boston with public funds; and 

WHEREAS: The BNN currently has an 8 member 
board with no voting rights for its 500 members; and 

WHEREAS: The BNN Production van was free of 
charge for producers to put together their shows, but 
now a rate card has been implemented charging $750 
per use; Therefore be it 

ORDERED: A City Council hearing be held to deter- 
mine the possibility of a BNN neighborhood board and 
voting rights for all BNN members; and 

ORDERED: At the same hearing, looking into the 
Producers regaining free use of the van for the use of 
filming their productions. 

Referred to the Committee on Information 
Technology. 



ORDER FOR RESOLUTION TO GOVERNOR RE: 
REWORDING PROOF OF RESIDENCY 
REQUIREMENTS (DOCKET NO. 0995) 

Councilor DAVIS-MULLEN offered the following: 

WHEREAS: On Saturday, April 28, 2001, the 
Commonwealth of Massachusetts administered Civil 
Service Test #6700, Open Examination for Police 
Officer, at various locations throughout the 
Commonwealth, and 

WHEREAS: Most Exam Applicants from Boston 
chose Boston as their first preference, but were allowed 
to choose up to three additional locations of which they 
would consider employment as a Police Officer, and 

WHEREAS: Applicants with a passing grade of 70 or 
more, who wished to be considered for employment as 
a police officer at their local police department, were 
required by the Human Resource Division to provide 
proof of residency in the city or town of their preferred 
department, and 

WHEREAS: The test results for Exam #6700 were 
mailed to applicant's residences during the week of July 
23, 2001, and 

WHEREAS: Many Applicants who live in Boston, 
provided proper documentation to the Human 
Resources Division proving they live in Boston and 
chose the Boston Police Department as their preference 



for employment, yet were denied their "claim for resi- 
dency preference" in Boston - in spite of the fact that the 
test results were mailed to their homes in Boston - 
because the Human Resources Division claimed that 
proper documentation was not provided; THEREFORE 
BEIT 

ORDERED: That the Boston City Council issue a 
Resolution to Governor Jane Swift asking her to reword 
the proof of residency requirements for the Civil Service 
Police Officer Exam as to clarify the exact documenta- 
tion required for the purpose of avoiding the denial of 
applicants that are in fact residents therefore forcing 
these individuals to appeal the denial. 

Referred to the Committee on Residency. 



ORDER CALLING FOR PRELIMINARY ELECTION 
ON TUESDAY, SEPTEMBER 25, 2001 
(DOCKET NO. 0996) 

ORDERED: That meetings of the citizens of this city 
qualified to vote for city officers be held at the several 
polling places designated for the purpose by the Board 
of Election Commissioners, on Tuesday, September 25, 
2001, for a preliminary election, to give in their votes 
for not more than one candidate for the office of Mayor, 
not more than four candidates for the office of City 
Councilor-at-large, and not more than one candidate for 
the office of District City Councilor. 

The polls at said meetings shall be opened at seven 
o'clock a. m. and closed at eight o'clock p.m. 

ORDERED: That the City Clerk be hereby directed to 
give notice of said meetings according to law. 

The rules were suspended; the order was passed. 



ORDER TO AMEND EXISTING ORDER AUTHO- 
RIZING CITY TO ACCEPT AND EXPEND 
ADDITIONAL GRANT FUNDING FOR FOR- 
MER GARDNER STREET LANDFILL PARK 
PROJECT NOW KNOWN AS MILLENNIUM 
PARK OF $2,000,000 (DOCKET NO. 0559) 

Councilor ROSS called Docket No. 0559 from the 
Committee on Environment. 

Hearing no objection, the matter was before the body. 
On motion of Councilor ROSS, the order was 
passed. 



RESOLUTION CALLING ON MASSACHUSETTS 
SENATE AND HOUSE OF REPRESENTA- 
TIVES IN GENERAL COURT ASSEMBLED 
TO ENACT SENATE BILL 1527 AND ON 
GOVERNOR TO SIGN SAID BILL INTO LAW 
THUS PERMITTING CITY TO RESUME ITS 
DOMESTIC PARTNERSHIP HEALTH BENE- 
FIT (DOCKET NO. 0349) 

Councilor FLAHERTY called Docket No. 0349 from 
the Committee on State and Federal Regulations. 

Hearing no objection, the matter was before the body. 

On motion of Councilor FLAHERTY, the resolution 
was adopted; yeas 9, nays 1 , present 1 : 

Yeas — Councilors Conley, Davis-Mullen, Feeney, 
Flaherty, Honan, Kelly, Murphy, Turner, Yancey - 9. 
Nays - 0. 
Present: Councilor Roache -1. 



4 



* 



AUGUST 8, 2001 



205 



Councilor SCAPPICCHIO moved reconsideration. 

Reconsideration prevailed. 

Councilor MURPHY moved the question. 

The resolution was adopted; yeas 10, nays 3: 

Yeas - Councilors Conley, Davis-Mullen, Feeney, 
Flaherty, Hennigan, Honan, Murphy, Ross, Turner, 
Yancey - 10. 

Nays - Councilors Kelly, Roache, Scapicchio - 3. 



ORDER FOR CONFIRMATION OF APPOINTMENT 
OF HOUSING INSPECTORS AS CONSTA- 
BLES AUTHORIZED TO SERVE CIVIL 
PROCESS UPON FILING OF BOND FOR 
PERIOD ENDING APRIL 30, 2002 (DOCKET 
NO. 0840) 

Councilor MURPHY called Docket No. 0840 from 
the Committee on Government Operations. 

Hearing no objection, the matter was before the body. 

On motion of Councilor MURPHY, the order was 
passed. 



CONSENT AGENDA 

The Chair moved adoption of a Consent Agenda in 
which the following-named Councilors offered resolu- 
tions of a condolence or congratulatory nature as set 
forth after each Councilor's name: 

Councilors Honan, Scapicchio, Flaherty, Roache, 
Conley, Murphy: Congratulating Richard DeMeo 
(Docket No. 0979). 

Councilor Scapicchio: Congratulating Elizabeth 
"Betty" Mazzarini (Docket No. 0980). Congratulating 
Frank Delaney (Docket No. 0981). 

Councilor Feeney: Congratulating Father Robert 
Kickham (Docket No. 0982). Declaring July 28, 2001 
"Helene Gargan Day" (Docket No. 0983). 

Councilor Kelly: Declaring July 28, 2001 "George 
"gig)" Washburn Day (Docket No. 0984). Declaring 
July 28, 2001 "Anthony Athanas Day" (Docket No. 
0985). 

Councilor Hennigan: Congratulating Vincent Petryk 
(Docket No. 0986). 

Councilors Turner and Yancey: Congratulating 
Healther McMayo (Docket No. 0987). 

Councilor Yancey: Congratulating Chinese 
Consolidated Benevolent Association (Docket N o. 
0988). 

Councilor Honan: Congratulating Dorothy and 
Robert Willson (Docket No. 0989). 

Councilors Turner and Yancey: Congratulating 7 per- 
sons from the Tri-Ad Veteran's League Supporter 
(Docket No. 0990). Congratulating Amy Wai Hane 
Wong (Docket No. 0991). 

Councilor Feeney: Congratulating Captain Parker's 
Pub (Docket No. 0992). 

Councilors Yancey and Turner: Declaring September 
22, 2001 "Walter R. Butler III Day" (Docket No. 0993). 

The Chair stated that in the absence of objection I 
late-filed matter would be added to the Consent Agenda. 

No objection being heard, the following matter was 
added: 



Councilor Yancey: Thanking 20 persons who partici- 
pated in the 2001 Summer Jobs in City Hall Program 
(Docket No. 0997). 

The matters contained within the Consent Agenda 
were severally adopted. 



STATEMENT OF COUNCILOR KELLY 

Having unanimous consent to do so. Councilor Kelly 
asked that when we adjourn today, we do so in memory 
of Marie V. Ryan, grandmother to City Council stenog- 
rapher Ellen M. Fritch and a very special friend of 
Councilor Kelly. Marie was loved and respected by 
many friends. Councilor Kelly stated Marie was a 
woman of strength and character who had a seventy- 
nine year love affair with her family, with her friends 
and with her neighborhood of South Boston. 



STATEMENT OF COUNCILOR MURPHY 

Having unanimous consent to do so, Councilor 
Murphy asked that when we adjourn today, we do so in 
memory of Margaret "Peggy" Guilfoye, the wife of 
Boston Police Lieutenant Harry Guilfoye and mother of 
eight children. 



STATEMENT OF COUNCILOR FLAHERTY 

Having unanimous consent to do so, Councilor 
Flaherty asked to join Councilor Kelly in adjourning in 
memory of Marie Ryan adding that Marie was a life- 
long resident of South Boston, union activist, commu- 
nity activist and a "great scout. " She was a wonderful 
mother, sister, grandmother, aunt and great-grand- 
mother. Marie was a great supporter of the Councilor's 
and his family, and she will be dearly missed by her 
family, neighbors on Silver Street and the whole neigh- 
borhood of South Boston. 



STATEMENT OF COUNCILOR FEENEY 

Having unanimous consent to do so, Councilor 
Feeney asked that when we adjourn today, we do so in 
memory of Reverend John O'Rourke, a Josephite priest 
and native of Dorchester although he served in the 
southern part of the country. He was a frequent visitor of 
St. Brendan's and an incredible man. 



STATEMENT OF COUNCILOR HENNIGAN 

Having unanimous consent to do so. Councilor 
Hennigan asked that when we adjourn today, we do so 
in memory of Frank Willis who died suddenly at the age 
of 5 1 , a really great guy and community activist. 



STATEMENT OF PRESIDENT YANCEY 

Having unanimous consent to do so. President 
Yancey also stated when we adjourn today, we do so in 
memory of Palmyra Barros, sister of Central Staffer 
Cora Montrond and Boston Firefighter Graham who lost 
his life in a motorcycle accident. 



NEXT MEETING 

President YANCEY moved that when the Council 
adjourn today, it do so in memory of Marie V. Ryan, 
Margaret "Peggy" Guilfoye. Reverend John O'Rourke. 
Frank Willis. Palmyra Barros and Boston Firefighter 



# 



# 



206 CITY COUNCIL 



Graham, and it be to meet again on Wednesday, 
September 12, 2001 at 12:00 noon. 

The motion was carried. 



Adjourned at 4:25 p.m. on motion of President 
Yancey to meet again on Wednesday, September 12, 
2001 at 12:00 noon. 



Note: All debate of City Council eliminated from 
proceedings in accordance with Chapter 447, Acts of 
1947. 



CITY OF BOSTON • GRAPHIC ARTS DEPARTMENT 



% 



CITY COUNCIL 



207 



CITY OF BOSTON 



Proceedings of City Council 



Thursday, September 13, 2001 

Regular meeting of the City Council held in the 
Christopher A. Iannella Council Chamber, City Hall, at 
12:20 p.m., President YANCEY in the Chair and all 
members present. 



INVOCATION 

Sister Maria Ignazia Bunan delivered the invocation 
and the meeting was opened with the pledge of alle- 
giance to the flag. 



STATEMENT OF PRESIDENT YANCEY 

President YANCEY wanted to thank the Councilors 
for their prayers and concern for the lost lives as a result 
of the terrorist attacks against the World Trade Center 
Towers, the Pentagon and the fallen flight in 
Pennsylvania. 



MESSAGE DISAPPROVING LOAN ORDER OF 
$13,000,000 FOR SCHOOL PROJECTS 
INCLUDING PLANNING, DESIGNING, 
ACQUIRING LAND FOR, CONSTRUCTING 
AND ORIGINALLY EQUIPPING STRUC- 
TURES AND FACILITIES AND FOR REMOD- 
ELING, RECONSTRUCTING OR MAKING 
MAJOR ALTERATIONS, ADDITIONS AND 
MAJOR REPAIRS TO EXISTING FACILITIES 
INCLUDING ORIGINAL EQUIPMENT AND 
LANDSCAPING INCLUDING PLANTING OF 
SHADE TREES, PAVING AND OTHER SITE 
IMPROVEMENTS INCIDENTAL OR DI- 
RECTLY RELATED TO SUCH REMODELING 
RECONSTRUCTION OR REPAIR FOR PUR- 
POSE OF SCHOOL DEPARTMENT (DOCKET 
NO- 0663) 

The following was received: 

City of Boston 
Office of the Mayor 

August 27, 2001 
To the Boston City Council. 
Dear Councillors: 

I return herewith unsigned and disapproved, two loan 
orders passed by your Honorable Body on August 8, 
2001. Docket M 0663, for the sum of $13,000,000, and 
Docket # 0760, for the sum of $60,000,000 both to be 
appropriated for projects which may become approved 
school projects within the meaning of chapter 645 of the 
Acts of 1948, as amended. 

The City's most recent credit rating upgrade, the high- 
est quality ever received, was predicated on a conserva- 
tively structured debt position with manageable future 
borrowing needs. The City's well defined parameters for 
various debt indices frame the series of decisions 
regarding the timing and amount of borrowing. These 
particular loan orders were passed without the benefit of 
full consideration of the impact on the City's finances. 

As the City of Boston and the School Department 
continue to move forward with a strategic planning 
process regarding school facility issues, 1 hope that we 
will continue to work together in creating an appropri- 
ate long-term solution. Addressing the school system's 
enrollment and facility challenges concerns all of us, but 



at this time, this veto is both necessary and appropriate. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the sum of Thirteen Million Dollars 
($13,000,000) be, and hereby is, appropriated for school 
projects, including the planning, designing, acquiring 
land for, constructing and originally equipping struc- 
tures and facilities and for remodeling, reconstructing, 
or making major alterations, additions, and major 
repairs to existing facilities including original equip- 
ment and landscaping, including the planting of shade 
trees, paving and other site improvements incidental or 
directly related to such remodeling, reconstruction, or 
repair for the purpose of the School Department; and 
that to meet said appropriation the Collector/Treasurer 
be, and hereby is, authorized under the provisions of 
Chapter 70B, as amended, or under the provisions of 
Clauses (3) and/or (3A) of Section 7 of Chapter 44 of 
the General Laws, to issue form time to time, with the 
approval of the Mayor, bonds, notes or certificates of 
indebtedness of the City up to said amount, provided 
that the appropriation authorized be expended only on 
those projects as described by name attached herein. 



1 . Josiah Quincy Upper School 
Assigned for further action. 



MESSAGE DES APPROVING LOAN ORDER OF 
$60,000,000 FOR PLANNING DESIGNING, 
ACQUIRING LAND FOR, CONSTRUCTING 
AND ORIGINALLY EQUIPPING STRUC- 
TURES AND FACILITIES AND FOR REMOD- 
ELING, RECONSTRUCTING OR MAKING 
MAJOR ALTERATIONS, ADDITIONS AND 
MAJOR REPAIRS TO EXISTING FACILITIES 
INCLUDING ORIGINAL EQUIPMENT AND 
LANDSCAPING INCLUDING PLANTING OF 
SHADE TREES, PAVING AND OTHER SITE 
IMPROVEMENTS INCIDENTAL OR DIRECT- 
LY RELATED TO SUCH REMODELING, 
RECONSTRUCTION OR REPAIR FOR PUR- 
POSES OF SCHOOL DEPARTMENT 
(DOCKET NO. 0760) 

The following was received: 

City of Boston 
Office of the Mayor 

August 27, 2001 

To the Boston City Council. 
Dear Councillors: 

1 return herewith unsigned and disapproved, two loan 
orders passed by your Honorable Body on August 8, 
2001. Docket #0663, for the sum of $13,000,000, and 
Docket #0760, for the sum of $60,000,000 both to be 
appropriated for projects which may become approved 
school projects within the meaning of chapter 645 of the 
Acts of 1948, as amended. 

The City's most recent credit rating upgrade, the high- 
est quality ever received, was predicated on a conserva- 
tively structured debt position with manageable future 
borrowing needs. The City's well defined parameters for 
various debt indices frame the series of decisions 
regarding the timing and amount of borrowing. These 
particular loan orders were passed without the benefit ol' 
full consideration of the impact on the City's finances. 

As the City of Boston and the School Department 
continue to move forward with a strategic planning 
process regarding school facility issues, I hope that we 
will continue to work together in creating an appropri- 
ate long-term solution. Addressing the school system's 



208 



CITY COUNCIL 



* 



enrollment and facility challenges concerns all of us, but 
at this time, this veto is both necessary and appropriate. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the sum of sixty million dollars 
($60,000,000) be, and hereby is, appropriated for pro- 
jects which may become approved school projects 
within the meaning of Chapter 645 of the Acts of 1948, 
as amended, including the planning, designing, acquir- 
ing land for, constructing and originally equipping 
structures and facilities and for remodeling, reconstruct- 
ing, or making major alterations, additions, and major 
repairs to existing facilities including original equip- 
ment and landscaping, including the planting of shade 
trees, paving and other site improvements incidental or 
directly related to such remodeling, relocation-or repair 
for the purposes of the School Department; and that to 
meet said appropriation the Collector/Treasurer be, and 
hereby is authorized under the provisions of Chapter 
642 of the Acts of 1966, as amended, or under the pro- 
visions of Clauses (33. and/or (3A) of Section 7 of 
Chapter 44 of the General laws, to issue from time to 
time, on request of the Mayor, bonds, notes or certifi- 
cates of indebtedness of the City up to said amount, pro- 
vided that the appropriation authorized be expended 
only for a high school in Mattapan. 

Assigned for further action. 



Massachusetts Historical Commission for the following 
projects: to support Boston's archeological plans for 
Rainsford Island, The National Register District nomi- 
nation for Savin Hill, and Phase II of the Beacon Hill 
survey. 

Referred to the Committee on Historic Preserva- 
tion. 



ORDER AUTHORIZING ENVIRONMENT DEPART- 
MENT TO ACCEPT AND EXPEND GRANT 
OF $45,000 FROM MASSACHUSETTS HIS- 
TORICAL COMMISSION TO SUPPORT 
ARCHEOLOGICAL PLANS FOR RAINS- 
FORD ISLAND, THE NATIONAL REGISTER 
DISTRICT NOMINATION FOR SAVIN HILL 
AND PHASE II OF BEACON HILL SURVEY 
(DOCKET NO. 0998) 

The following was received: 

City of Boston 
Office of the Mayor 

August 28, 2001 

To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an Order autho- 
rizing the City of Boston to accept and expend for the 
benefit of the Environment Department, a grant from 
the Massachusetts Historical Commission in the amount 
of FORTY FIVE THOUSAND DOLLARS ($45,000) 
for the period of July 2, 2001 through September 30, 
2002. The grant will be used to support Boston's arche- 
ological plans for Rainsford Island, The National 
■ Register District nomination for Savin Hill, and Phase II 
of the Beacon Hill survey. 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City of Boston may accept 
the funds expeditiously and expend them for the pur- 
poses for which the funds were granted. 

Sincerely 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the Mayor, acting on behalf of the 
City of Boston's Environment Department and pursuant 
to the authority granted to him under M.G.L. c. 44, n 
53A be, and hereby is authorized to accept and expend 
a grant in an amount not to exceed FORTY FIVE 
THOUSAND DOLLARS ($45,000) from the 



ORDER AUTHORIZING FIRE DEPARTMENT TO 
ACCEPT AND EXPEND GRANT OF $100,000 
FROM MASSACHUSETTS STATE WIDE 
COALITION FOR JUVENILE FIRESETTER 
INTERVENTION PROGRAMS FOR EDUCA- 
TION AND REHABILITATIVE TREATMENT 
OF JUVENILE FIRESETTERS (DOCKET NO. 
0999) 

The following was received: 

City of Boston 
Office of the Mayor 

August 28, 2001 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an Order to 
accept and expend a grant in an amount not to exceed 
One Hundred Thousand Dollars ($100,000) from the 
Massachusetts State Wide Coalition for Juvenile 
Firesetter Intervention Programs. These funds will be 
expended over a five year period for the prevention, 
education, diagnosis and rehabilitative treatment of 
juvenile firesetters. 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City of Boston may accept 
the funds expeditiously and expend them for the pur- 
poses for which these funds were granted. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the Mayor, acting on behalf of the 
Boston Fire Department and pursuant to M.GL. c. 44, n 
53A be, and is hereby authorized to accept and expend 
a grant award from the Massachusetts State Wide 
Coalition for Juvenile Firesetter Intervention Programs 
in an amount not to exceed One Hundred Thousand 
Dollars ($100,000). 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING POLICE DEPARTMENT 
TO ACCEPT AND EXPEND GRANT OF 
$350,000 FROM DEPARTMENT OF JUSTICE, 
VIOLENCE AGAINST WOMEN OFFICE FOR 
CONTINUING OUR NO NEXT TIME INITIA- 
TIVE, A COMPREHENSIVE COMMUNITY 
POLICING STRATEGY AIMED AT PREVENT- 
ING AND REDUCING DOMESTIC VIO- 
LENCE VICTIMIZATION (DOCKET NO. 
1000) 

The following was received: 

City of Boston 
Office of the Mayor 

August 17, 2001 

To the City Council. 
Dear Councillors: 

I hereby transmit for your approval an Order autho- 
rizing the City of Boston to accept and expend on behalf 
of the Boston Police Department an award from the U.S. 
Department of Justice, Violence Against Women Office 







SEPTEMBER 13, 2001 



209 



in an amount not to exceed $350,000 for the purpose of 
continuing our No Next Time Initiative - a comprehen- 
sive community policing strategy aimed at preventing 
and reducing domestic violence victimization. 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City of Boston may accept 
the funds expeditiously and expend them for the pur- 
poses for which these funds were granted. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the Mayor, acting on behalf of the 
City of Boston Police Department and pursuant to the 
authority granted to him under M.GL. c. 44, § 53A be, 
and hereby is authorized to accept and expend the grant 
from the Office of the U.S. Department of Justice, 
Violence Against Women in an amount not to exceed 
$350,000. 

Referred to the Committee on Public Safety. 



• 



# 



ORDER AUTHORIZING POLICE DEPARTMENT 
TO ACCEPT AND EXPEND $50,000 FROM 
EXECUTIVE OFFICE OF PUBLIC SAFETY, 
EDWARD BYRNE MEMORIAL STATE AND 
LOCAL LAW ENFORCEMENT ASSISTANCE 
PROGRAM GRANT FOR PURPOSE OF 
IMPLEMENTING "NEW HORIZONS FOR 
YOUTH" INITIATIVE, AFTER SCHOOL PRO- 
GRAM AT THOMPSON MIDDLE SCHOOL 
(DOCKET NO. 1001) 

The following was received: 

City of Boston 
Office of the Mayor 

August 21, 2001 

To the City Council. 
Dear Councillors: 

I hereby transmit for your approval an Order autho- 
rizing the City of Boston to accept and expend an award 
in the amount of Fifty Thousand Dollars ($50,000) in 
the form of an Executive Office of Public Safety, 
Edward Byrne Memorial State and Local Law 
Enforcement Assistance program grant to the Boston 
Police Department, for the purpose of implementing the 
"New Horizons for Youth" initiative an after school pro- 
gram at the Thompson Middle School. 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City of Boston may accept 
the funds expeditiously and expend them for the pur- 
poses for which these funds were granted. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the Mayor, acting on behalf of the 
City of Boston Police Department and pursuant to the 
authority granted to him under M.GL. c. 44, §53A be, 
and hereby is authorized to accept and expend the 
Executive Office of Public Safety, Edward Byrne 
Memorial State and Local Law Enforcement Assistance 
program grant in a sum not to exceed $50,000.00 

Referred to the Committee on Public Safety. 



MUNITIES SUPPORT PROGRAM" FOR 
IMPLEMENTING SOUTH BOSTON COALI- 
TION TO PREVENT SUBSTANCE ABUSE, A 
COMPREHENSIVE COMMUNITY BASED 
RESPONSE TO SUBSTANCE ABUSE BY 
YOUTH (DOCKET NO. 1002) 

The following was received: 

City of Boston 
Office of the Mayor 

August 29, 2001 

To the City Council. 
Dear Councillors: 

I hereby transmit for your approval an Order autho- 
rizing the City of Boston to accept and expend on behalf 
of the Boston Police Department an award in the 
amount of Ninety Seven Thousand One Hundred 
Seventy-nine Dollars ($97,179)) in the form of a U.S. 
Department of Justice, Office of Juvenile Justice and 
Delinquency Prevention "Drug Free Communities 
Support Program" grant award for the purpose of imple- 
menting the South Boston Community Coalition to 
Prevent Substance Abuse - a comprehensive community 
based response to substance abuse by youth. 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City of Boston may accept 
the funds expeditiously and expend them for the pur- 
poses for which these funds were granted. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the Mayor, acting on behalf of the 
City of Boston Police Department and pursuant to the 
authority granted to him by M.GL. c. 44, § 53 A be, and 
is hereby authorized to accept and expend the U.S. 
Department of Justice, Office of Juvenile Justice and 
Delinquency Prevention's award in an amount not to 
exceed $97,179. 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING POLICE DEPARTMENT 
TO ACCEPT AND EXPEND GRANT OF 
$97,179 FROM DEPARTMENT OF JUSTICE, 
OFFICE OF JUVENILE JUSTICE AND DELIN- 
QUENCY PREVENTION "DRUG FREE COM- 



ORDER AUTHORIZING POLICE DEPARTMENT 
TO ACCEPT AND EXPEND GRANT OF $5,000 
FROM JOHN HANCOCK LIFE INSURANCE 
COMPANY FOR EDUCATING PUBLIC 
SCHOOL CHILDREN ON DRUG AWARE- 
NESS AND RESISTANCE AS WELL AS 
D.A.R.E. ACTIVITIES WITH TRAINED 
POLICE OFFICERS (DOCKET NO. 1003) 

The following was received: 

City of Boston 
Office of the Mayor 

August 17, 2001 
To the City Council. 
Dear Councillors: 

I hereby transmit for your approval an Order autho- 
rizing the City of Boston to accept and expend for the 
benefit of the Boston Police Department a grant in the 
amount of Five Thousand Dollars ($5,000) from the 
John Hancock Life Insurance Company. This award is 
made for the purpose of educating public school chil- 
dren on drug awareness and resistance, as well as par- 
ticipation in D.A.R.E. activities with trained police offi- 
cers. 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City of Boston may accept 
the funds expeditiously and expend them for the pur- 
poses for which they were granted. 



210 



CITY COUNCIL 



Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the Mayor, acting on behalf of the 
Boston Police Department and pursuant to M.QL. c. 44, 
§ 53A be, and is hereby authorized to accept and expend 
the John Hancock Life Insurance Company award in a 
sum not to exceed $5,000. 

Referred to the Committee on Public Safety. 



(Annexed hereto is the documentation referred to.) 
Placed on file. 



ORDER AUTHORZING POLICE DEPARTMENT TO 
ACCEPT AND EXPEND $100,000 FROM 
EXECUTIVE OFFICE OF PUBLIC SAFETY IN 
FORM OF EDWARD BYRNE MEMORIAL 
STATE AND LOCAL LAW ENFORCEMENT 
ASSISTANCE PROGRAM GRANT FOR BEN- 
EFIT OF FEMALE FOCUS INITIATIVE PRO- 
GRAM (DOCKET NO. 1004) 

The following was received: 



City of Boston 
Office of the Mayor 



To the City Council. 
Dear Councillors: 



July 19, 2001 



I hereby transmit for your approval an Order autho- 
rizing the City of Boston to accept and expend for the 
benefit of the Boston Police Department's Female Focus 
Initiative Program, an award in the amount of $100,000, 
in the form of an Edward Byme Memorial State and 
Local Law Enforcement Assistance Program Grant 
from the Executive Office of Public Safety. 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City of Boston may accept 
the funds expeditiously and expend them for the pur- 
poses for which these funds were granted. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the Mayor, acting on behalf of the 
Boston Police Department and pursuant to the authority 
granted to him under M.GL. c. 44, §53A be, and is 
hereby authorized to accept and expend an Edward 
Byrne Memorial State and Local Law Enforcement 
Assistance Program grant in a sum not to exceed 
$100,000, issued by the Executive Office of Public 
Safety. 

Referred to the Committee on Public Safety. 



CERTAIN INFORMATION UNDER SECTION 17F 
RE: CASES AGAINST SHERIFF'S DEPART- 
MENT (DOCKET NO. 1005) 

The following was received: 

City Of Boston 
Office of the Mayor 

August 31,2001 
To The City Council 
Dear Councillors: 

Relative to Section 17F request, passed by your 
Honorable Body on June 13, 2001, for certain informa- 
tion re: Cases against the Sheriffs Department, please 
find the attached response. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDER FOR CONFIRMATION OF REAPPOINT- 
MENT OF CYRUS FIELD AS ALTERNATE 
MEMBER OF BOSTON LANDMARKS COM- 
MISSION FOR TERM EXPIRING 6-30-2004 
(DOCKET NO. 1006) 

The following was received: 

City of Boston 
Office of the Mayor 

August 13,2001 
To the City Council. 
Dear Councillors: 

I transmit herewith for your confirmation an Order 
regarding the reappointment of Cyrus Field, of 33 
Mayhew Street, Dorchester, MA, as an alternate mem- 
ber of the Boston Landmarks Commission for a term 
expiring June 30, 2004. Mr. Field has been nominated 
for this position by the American Planning Association. 

I urge your Honorable Body to pass this Order at the 
earliest possible date so that Mr. Field may continue 
serving his appointment without delay. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That, pursuant to St. 1975, c. 772, § 3, 
the reappointment of Cyrus Field, of 33 Mayhew Street, 
Dorchester, MA, as an alternate member of the Boston 
Landmarks Commission for a term expiring June 30, 
2004, be, and hereby is, approved. 

Referred to the Committee on Historic 
Preservation. 



ORDER FOR CONFIRMATION OF REAPPOINT- 
MENT OF JOHN FREEMAN AS ALTERNATE 
MEMBER OF BOSTON LANDMARK COM- 
MISSION FOR TERM EXPIPJNG 6-30-2004 
(DOCKET NO. 1007) 

The following was received: 

City of Boston 
Office of the Mayor 

August 13, 2001 
To the City Council. 
Dear Councillors: 

I transmit herewith for your confirmation an Order 
regarding the reappointment of John Freeman, of 6 
Mendum Street, Roslindale, MA 02131, as an alternate 
member of the Boston Landmarks Commission for a 
term expiring June 30, 2004. Mr. Freeman has been 
nominated for this position by the Boston Society of 
Architects. 

I urge your Honorable Body to pass this Order at the 
earliest possible date so that Mr. Freeman may continue 
serving his appointment without delay. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That, pursuant to St. 1975, c. 772, § 3, 
the reappointment of John Freeman, of 6 Mendum 
Street, Roslindale, MA 02131, as an alternate member 
of the Boston Landmarks Commission for a term expir- 
ing June 30, 2004, be, and hereby is, approved. 

Referred to the Committee on Historic Preser- 



SEPTEMBER 13, 2001 



211 



vation. 



ORDER FOR CONFIRMATION OF REAPPOINT- 
MENT OF LEON JACKLIN AS ALTERNATE 
MEMBER OF BOSTON LANDMARKS COM- 
MISSION FOR TERM EXPIRING 6-30-2004 
(DOCKET NO. 1008) 

The following was received: 

City of Boston 
Office of the Mayor 

August 13, 2001 
To the City Council. 
Dear Councillors: 

I transmit herewith for your confirmation an Order 
regarding the reappointment of Leon Jacklin, of 87 
Holingsworth Street, Mattapan, MA 02126, as an alter- 
nate member of the Boston Landmarks Commission for 
a term expiring June 30, 2004. 

1 urge your Honorable Body to pass this Order at the 
earliest possible date so that Mr. Jacklin may continue 
serving his appointment without delay. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That, pursuant to St. 1975, c. 772, § 3, 
the reappointment of Leon Jacklin, of 87 Holingsworth 
Street, Mattapan, MA 02126, as an alternate member of 
the Boston Landmarks Commission for a term expiring 
June 30, 2004, be, and hereby is, approved. 

Referred to the Committee on Historic Preser- 
vation. 



OF CYRUS FIELD AS MEMBER OF BAY 
STATE ROAD/BACK BAY WEST ARCHITEC- 
TURAL CONSERVATION DISTRICT COM- 
MISSION FOR TERM EXPIRING 6-30-2004 
(DOCKET NO. 1010) 

The following was received: 

City of Boston 
Office of the Mayor 

August 13, 2001 
To the City Council. 
Dear Councillors: 

Pursuant to St. 1975, c. 772, § 3, 1 transmit herewith 
for your approval an Order confirming the appointment 
of Cyrus Field, of 33 Mayhew Street, Dorchester, MA, 
as a member of the Bay State Road Back Bay West 
Architectural Conservation District Commission for a 
term expiring June 30, 2004, vice Alan Hodges. 

I urge your Honorable Body to approve this Order at 
the earliest possible date so that Mr. Field may begin 
serving his appointment without delay. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That, pursuant to St. 1975 c. 772, § 3, 
the appointment of Cyrus Field, of 33 Mayhew Street, 
Dorchester, MA, as a member of the Bay State 
Road/Back Bay West Architectural Conservation 
District Commission for a term expiring June 30, 2004, 
vice Alan Hodges, be, and hereby is, approved. 

Referred to the Committee on Historic Preserva- 
tion. 



ORDER FOR CONFIRMATION OF REAPPOINT- 
MENT OF WILLIAM MARCHIONE AS MEM- 
BER OF BOSTON LANDMARKS COMMIS- 
SION FOR TERM EXPIRING 6-30-2004 
(DOCKET NO. 1009) 

The following was received: 

City of Boston 
Office of the Mayor 

August 13,2001 
To the City Council. 
Dear Councillors: 



ORDER FOR CONFIRMATION OF REAPPOINT- 
MENT OF JOHN FREEMAN AS MEMBER OF 
SOUTH END LANDMARK DISTRICT COM- 
MISSION BOSTON LANDMARKS COMMIS- 
SION FOR TERM EXPIRING 6-30-2004 
(DOCKET NO. 1011) 

The following was received: 

City of Boston 
Office of the Mayor 

August 13, 2001 
To the City Council. 
Dear Councillors: 



I transmit herewith for your confirmation an Order 
regarding the reappointment of William Marchione, of 
30 Kendrick Street, Brighton, MA, as a member of the 
Boston Landmarks Commission for a term expiring 
June 30, 2004. 

1 urge your Honorable Body to pass this Order at the 
earliest possible date so that Mr. Marchione may con- 
tinue serving his appointment without delay. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That, pursuant to St. 1975, c. 772, § 3, 
the reappointment of William Marchione, of 30 
Kendrick Street, Brighton, MA, as a member of the 
Boston Landmarks Commission for a term expiring 
June 30, 2004, be, and hereby is, approved. 

Referred to the Committee on Historic Preser- 
vation. 



I transmit herewith for your confirmation an Order 
regarding the reappointment of John Freeman, of 6 
Mendum Street, Roslindale, MA as a member of the 
South End Landmark District Commission for a term 
expiring June 30, 2004, pursuant to St. 1975, c. 772, § 
3. 

I urge your Honorable Body to approve this Order as 
expeditiously as possible so that Mr. Freeman may con- 
tinue serving his appointment without delay. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That, pursuant to St. 1975, c. 772, § 3, 
the reappointment of John Freeman, of 6 Mendum 
Street, Roslindale, MA, as a member of the South End 
Landmark District Commission for a term expiring June 
30, 2004, be, and hereby is, approved. 

Referred to the Committee on Historic Preser- 
vation. 



ORDER FOR CONFIRMATION OF APPOINTMENT 



212 



CITY COUNCIL 



ORDER FOR CONFIRMATION OF APPOINTMENT 
OF CYRUS FIELD AS MEMBER OF MISSION 
HILL TRIANGLE ARCHITECTURAL CON- 
SERVATION DISTRICT COMMISSION FOR 
TERM EXPIRING 6-30-2004 (DOCKET NO. 
1012) 

The following was received: 

City of Boston 
Office of the Mayor 

August 13, 2001 
To the City Council. 
Dear Councillors: 

I transmit herewith for your confirmation an Order 
regarding the appointment of Cyrus Field, of 33 
Mayhew Street, Dorchester, MA, as a member of the 
Mission Hill Triangle Architectural Conservation 
District Commission for a term expiring lune 30, 2004, 
vice Susan Pranger, pursuant to St. 1975, c. 772, §3. 

I urge your Honorable Body to pass this Order as 
expeditiously as possible so that Mr. Field may begin 
serving his appointed term without delay. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That, pursuant to St. 1975, c. 772, § 3, 
the appointment of Cyrus Field, of 33 Mayhew Street, 
Dorchester, MA, as a member of the Mission Hill 
Triangle Architectural Conservation District Commis- 
sion for a term expiring lune 30, 2004, vice Susan 
Pranger, be, and hereby is, approved. 

Referred to the Committee on Historic Preser- 
vation. 



ORDER FOR CONFIRMATION OF APPOINTMENT 
OF CYRUS FIELD AS MEMBER OF ST. 
BOTOLPH AREA ARCHITECTURAL CON- 
SERVATION DISTRICT COMMISSION FOR 
TERM EXPIRING 6-30-2004 (DOCKET NO. 
1013) 

The following was received: 

City of Boston 
Office of the Mayor 

August 13, 2001 
To the City Council. 
Dear Councillors: 

I transmit herewith for your confirmation an Order 
regarding the appointment of Cyrus Field, of 33 
Mayhew Street, Dorchester, MA, as a member of the St. 
Botolph Area Architectural Conservation District 
Commission for a term expiring June 30, 2004, vice 
Susan Pranger, pursuant to St. 1975, c. 772, § 3. 

1 urge your Honorable Body to pass this Order as 
expeditiously as possible so that Mr. Field may begin 
serving his appointed term without delay. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That, pursuant to St. 1975, c. 772, § 3, 
the appointment of Cyrus Field, of 33 Mayhew Street, 
Dorchester, MA, as a member of the St. Botolph Area 
Architectural Conservation District Commission for a 
term expiring June 30, 2004, vice Susan Pranger, be, 
and hereby is, approved. 

Referred to the Committee on Historic Preser- 
vation. 



CERTAIN INFORMATION UNDER SECTION 17F 
RE: INDOOR AIR QUALITY (DOCKET NO. 1014) 

The following was received: 

City of Boston 
Office of the Mayor 

August 31, 2001 
To the City Council. 
Dear Councillors: 

Relative to Section 17F requests filed by your 
Honorable Body on July 11, 2001, for certain informa- 
tion re: Indoor Air Quality (Docket numbers: 0884, 
0885,0886,0888,0889,0890,0891,0892,0893) please 
find the attached response. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

(Annexed hereto is the documentation referred to.) 
Placed on file. 



CERTAIN INFORMATION UNDER SECTION 17F 
RE: EMPLOYEES WHO TOOK VACATION 
OR SICK DAYS ON CERTAIN DAYS 
(DOCKET NO. 1015) 

The following was received: 

City of Boston 
Office of the Mayor 

August 31, 2001 
To the City Council. 
Dear Councillors: 

Relative to section 17F request passed by your 
Honorable Body on July 19, 2001, for certain informa- 
tion, re: employees who took vacation or sick days on 
certain days, please find the attached response. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

(Annexed hereto is the documentation referred to.) 
Placed on file. 



CERTAIN INFORMATION UNDER SECTION 17F 
RE: MIDDLE AND HIGH SCHOOL INCI- 
DENTS INVOLVING SCHOOL POLICE 
(DOCKET NO. 1016) 

The following was received: 

City of Boston 
Office of the Mayor 

August 31, 2001 
To the City Council. 
Dear Councillors: 

Relative to section 17F request passed by your 
Honorable Body on July 19, 2001, for certain informa- 
tion re: middle and high school incidents involving 
School Police, please find the attached response. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

(Annexed hereto is the documentation referred to.) 
Placed on file. 



CERTAIN INFORMATION FROM POLICE DEPART- 



SEPTEMBER 13, 2001 



213 



• 



MENT RE: CRIME STATISTICS FROM APRIL 
1, 2001 THROUGH IULY 31, 2001 (DOCKET 
NO. 1017) 

The following was received: 

City of Boston 
Office of the Mayor 

August 31, 2001 
To the City Council. 
Dear Councillors: 

I transmit herewith information received from the 
Boston Police Department pertaining to crime statistics 
for the period commencing April 1, 2001 and ending 
luly 31,2001. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

(Annexed hereto is the documentation referred to.) 
Placed on file. 



ORDINANCE AMENDING BOSTON IOBS AND 
LIVING WAGE ORDINANCE (DOCKET NO. 1018) 

The following was received: 

City of Boston 
Office of the Mayor 

September?, 2001 
To the City Council. 
Dear Councillors: 

I hereby transmit for your approval amendments to 
certain provisions of the City of Boston Jobs and Living 
Wage Ordinance ("Ordinance"), which will increase the 
Living Wage amount from $9.11 to $10.25 an hour and 
broaden the teens of the Ordinance to cover more 
employees. The amendments to the Ordinance will 
make the following changes: 

The Living Wage amount will increase to $10.25 an 
hour; 

The Full Time Equivalent (FTE) threshold will move 
to 25 employees for not-for-profit vendors immediately, 
joining the for-profits, which will remain at 25 FTEs; 

The threshold service contract amount for coverage 
will decrease from $100,000 to $50,000 this year upon 
passage of the legislation, and then move to $25,000 as 
of July 1,2002; 

Some not-for profit Covered Vendors will see a 
reduction in their reporting requirements. 

Current contracts will not be impacted by the 
amended Ordinance. The law is not retroactive. 

These changes will provide workers a better Living 
Wage and cover more workers. Additionally, these 
amendments keep the City at the forefront of this impor- 
tant social justice initiative. 

1 urge your Honorable Body to adopt these amend- 
ments as soon as possible so that the City of Boston may 
begin to provide higher wages and more coverage to the 
hardworking men and women working under our city 
contracts. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



The City of Boston Jobs and Living Wage Ordinance, 
appearing as chapter XMV of the City of Boston Code 
of Ordinances, is hereby amended as follows: 



1 . Section 24-2(e) is amended by striking out the first 
sentence and replacing it with the following sentence: 
"Covered Vendor" means any for-profit employer or any 
not-for profit employer who employs at least 25 FTEs 
who has been awarded a Service Contract or Service 
Subcontract after the effective date of this ordinance. 

2. Section 24-2(m) is amended by striking out the 
subsection and replacing it with the following: "Service 
Contract" shall mean any contract of at least $50,000 or 
more awarded to a vendor by the City for the furnishing 
of services to or for the City. Beginning on July 1 , 2002, 
"Service Contract" shall mean any contract of at least 
$25,000 or more awarded to a vendor by the City for the 
furnishing of services to or for the City. 

3. Section 24-6.2 is amended by striking out the first 
sentence and replacing it with the following: The Living 
Wage shall be calculated on an hourly basis and shall be 
no less than $10.25 from the effective date of passage of 
this ordinance, subject to adjustment each year on July 
1: 

4. Section 24-6. 2(a) is amended by adding in the sec- 
ond line after the word "than", the following words: one 
hundred and sixteen percent of 



5. Section 24-6. 2(b) is amended by striking ! 
replacing it with the following: $10.25. 



.23 and 



6. Section 24-7.4 is amended by striking the section 
and replacing it with the following: Reports. Covered 
Vendors shall provide quarterly reports to the 
Designated Department of their employment activities. 
Not-for-profit vendors with 50 or more FTEs and all for 
profit vendors shall be required to provide such reports 
biannually. These reports shall include: 

a) the job positions charged to the Service Contract or 
Service Subcontract and the wage ranges of those posi- 
tions; 

b) the total number of Boston residents, women and 
minorities who are charged to the Service Contract or 
Service Subcontract. 

The Designated Department shall submit a summary 
of said reports To the City Council, and Living Wage 
Advisory Committee within 30 working days following 
the end of each quarterly or biannual reporting period. 

Referred to the Committee on Labor. 



ORDER APPROVING SUPPLEMENTAL APPRO- 
PRIATION OF $343,736 TO COVER FY02 
COSTS IN PUBLIC HEALTH COMMISSION 
OF COLLECTIVE BARGAINING AGREE- 
MENT WITH LOCAL 285, SEIU, AFL-CIO, 
PUBLIC HEALTH NURSES (DOCKET NO. 
1019) 

The following was received: 

City of Boston 
Office of the Mayor 

September 6, 2001 
To the City Council. 
Dear Councilors: 

I transmit herewith for your approval a supplemental 
appropriation, totaling $343,736, to cover the FY02 
costs in the Public Health Commission of the collective 
bargaining agreement with Local 285, SEIU, AFLCIO. 
Public Health Nurses. The FY00 and FY0 1 costs ol' 
these increases will be covered by collective bargaining 
reserves established for those years. 

1 respectfully request your favorable action on this 



214 



CITY COUNCIL 



important matter. 



Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
in the fiscal year commencing July 1, 2001 and ending 
June 30, 2002, the following sum be, and hereby is 
appropriated, said sum to be raised by taxation pursuant 
to Section 23 of Chapter 59 of the General Laws: 

2002-100-620100-56200 Public Health Commission $343,736 

Referred to the Committee on Ways and Means. 



ORDER APPROVING APPROPRIATION OF 
$28,814.99 FOR LIBRARY OF LAST RE- 
COURSE (DOCKET NO. 1020) 

The following was received: 

City of Boston 
Office of the Mayor 

September 4, 2001 
To the City Council. 
Dear Councilors: 

I transmit for your approval an appropriation order in 
the amount of $28,814.99 for the Library of Last 
Recourse from the funds currently held by the Collector 
Treasurer. 

I respectfully recommend adoption of this order by 
your Honorable Body. 

Very truly yours, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriation 
heretofore made, to meet salary expenses of the Library 
Department in the fiscal period commencing April 1, 
2001 and ending June 30, 2001, the sum of TWENTY 
EIGHT THOUSAND EIGHT HUNDRED FOURTEEN 
DOLLARS AND NINETY NINE CENTS ($28,814.99) 
be, and the same hereby is appropriated, said sum to be 
met from the Commonwealth of Massachusetts under 
GL. Ch. 78, Sec 1 9c as amended by Ch. 636 Acts of 
1970. 

100-110000 Library Department Personnel Services $28,814.99 

Referred to the Committee on City and Neighbor- 
hood Services. 

Later in the session, Councilor FLAHERTY moved 
reconsideration. 

On motion of Councilor FLAHERTY, the rules were 
suspended; the order was passed. 



JITNEY APPLICATION (DOCKET NO. 1021) 

Petition was received from McGinn Bus Company, 
Inc. for license to operate motor vehicles for the carriage 
of passengers for hire over certain streets in Boston. 

Referred to the Committee on Transportation. 



PRESENTATION BY COUNCILOR HENNIGAN 

Councilor Hennigan presented a resolution to 
Lorraine Landsburg, the first woman to win the MBTA 
"Bus Roadeo" competition. 



(DOCKET NO. 1022 ) 

The Constables' Bonds of the following, having been 
duly approved by the Collector-Treasurer, were received 
and approved: 

Luis A. Burgos, Jr. 
Brian Manganello 
Vincent Manganello 
Marvin D. Minor, Sr. 



REAPPOINTMENT BY THE MAYOR 
(DOCKET NO. 1023) 

Notice was received from the Mayor of the reap- 
pointment of Vivian Leo as temporary Collector- 
Treasurer for 60 days. 

Placed on file. 



APPROVAL OF CONSTABLES' BONDS 



NOTICE FROM CITY CLERK RE: ACTIONS 
TAKEN BY MAYOR ON PAPERS ACTED 
UPON BY CITY COUNCIL AT ITS AUGUST 8, 
2001 MEETING (DOCKET NO. 1024) 

The following was received: 

City of Boston 
Office of the City Clerk 

August 30, 2001 
To the City Council. 
Councilors: 

In accordance with Chapter 6 of the Ordinances of 
1979, I hereby notify you of the following actions taken 
by the Mayor with regard to the papers acted upon by 
the City Council at its meeting of August 8, 2001, viz: 

0329 Order accepting the provisions of Section 114 
of Chapter 159 of the Acts of 2000, which grants by 
local option the authority to exempt personal property 
accounts of $ 10,000 of assessed value or less. 

Approved by the Mayor August 20, 2001. 

0333 Order authorizing the Department of 
Neighborhood Development to apply for, accept and 
expend a FY01 Economic Development Initiative spe- 
cial projects grant of $500,000 from the HUD for the 
Main Streets Program. 

Approved by the Mayor August 20, 2001. 

0512 Order accepting the Provisions of M.GL. c.40, 
Section 4F, requiring all businesses contracting with the 
City for the purchase of clothing or apparel to submit 
the names of all their manufacturers. 

Approved by the Mayor August 20, 2001. 

0559 Order to amend an existing order authorizing 
the City to accept and expend additional grant funding 
of $2,000,000 for the former Gardner Street Landfill 
Park Project now known as Millennium Park. 

Approved by the Mayor August 17, 2001. 

0624 Order authorizing the Police Commissioner to 
accept and expend a grant of $74,137.81 from the 
Massachusetts Office of the Attorney General, for the 
purpose of a truancy prevention program as well as a 
Vietnamese community relations specialist to provide 
outreach to the Vietnamese Community in Dorchester. 

Approved by the Mayor August 17, 2001. 

0663 Order for loan of $ 13,000,000 for school pro- 
jects, including the planning, designing, acquiring land 
for, constructing and originally equipping structures and 
facilities and for remodeling, reconstructing, or making 
major alterations, additions and major repairs to existing 
facilities including original equipment and landscaping 



f) 



SEPTEMBER 13, 2001 



215 



• 



# 



including the planting of shade trees, paving and other 
site improvements incidental or directly related to such 
remodeling, reconstruction, or repair for the purpose of 
the School Department. 

Message disapproving filed August 28, 2001 . 

0666 Order authorizing the Sheriff of Suffolk County 
to accept and expend revenues received from the Social 
Security Administration pursuant to Federal Public Law 
104-193, which amended section 1611(e)(1) of the 
Social Security Act. 

Approved by the Mayor August 17, 2001. 

0750 Order for loan of $9,802,000 for original con- 
struction of public ways or extension or widening 
thereof including land damages and the cost of pave- 
ment and sidewalks laid at the time of said construction, 
or for the cost of stone, block, brick, cement concrete, 
bituminous concrete, bituminous macadam or other per- 
manent pavement of similar lasting character for the 
purposes of the Public Works and Transportation 
Departments. 

Approved by the Mayor August 17, 2001. 

0751 Order for loan of $252,500 for fire alarm com- 
munication installations and for the purpose of extend- 
ing and improving such installations. 

Approved by the Mayor August 1 7, 200 1 . 

0752 Order for loan of $2,727,000 for the acquisition 
of fireboats for the purposes of the Fire Department. 

Approved by the Mayor August 17, 2001. 

0753 Order for loan of $1,090,000 for the develop- 
ment, design, purchase, installation and operation of 
computer hardware, computer software, other data pro- 
cessing equipment and computer assisted integrated 
financial management and accounting systems, for the 
Management Information Services Department. 

Approved by the Mayor August 17, 2001. 

0754 Order for loan of $2,460,000 for planning, 
designing, acquiring land for, constructing and origi- 
nally equipping structures and facilities and for remod- 
eling, reconstructing, or making major alterations, addi- 
tions and major repairs to existing facilities of various. 
City departments including Neighborhood Develop- 
ment, Office of Budget Management and Parks and 
Recreation Departments. 

Approved by the Mayor August 17, 2001. 

0755 Order for loan of $59,320,000 for planning, 
designing, acquiring land for, constructing and origi- 
nally equipping structures and facilities and for remod- 
eling, reconstructing, making extraordinary repairs 
and/or major alterations and additions to existing facili- 
ties including original equipment and landscaping, 
including the planting of shade trees, paving and other 
site improvements incidental or directly related to such 
remodeling, reconstruction or repair for the purposes of 
various City departments including the Community 
Centers, Fire, Library, Management Information 
Services, Neighborhood Development, Police, Property 
Management, Public Health Commission, Public Works 
and School Departments. 

Approved by the Mayor August 17, 2001. 

0756 Order for loan of $ 15,235,000 for the construc- 
tion of municipal outdoor recreational and athletic facil- 
ities, including the acquisition and development of land 
and the construction and reconstruction of such facili- 
ties, for the Environment, Parks and Recreation and 
School Departments. 

Approved by the Mayor August 17, 2001. 

0757 Order for loan of $5,461,000 for the cost of 
departmental equipment to service the Fire, Library, 
Management Information Services, Parks and 



Recreation and School Departments. 

Approved by the Mayor August 17, 2001. 

0758 Order for loan of $595,000 for acquiring land, 
or interests in land, for any purpose for which the City 
is or may hereafter be authorized to acquire land or 
interests therein; and for the construction of buildings, 
or for additions to such buildings where such additions 
increase the floor space of said buildings, including the 
cost of original equipment and furnishings of said build- 
ings for the purposes of the Fire and School 
Departments. 

Approved by the Mayor August 17, 2001. 

0925 Order to reduce the appropriation for the 
Reserve for Collective Bargaining by $173,750 to pro- 
vide funding in the Property Management Department 
for the FY0 1 cost of the collective bargaining agreement 
with the Boston Municipal Police Patrolmen's 
Association. 

Approved by the Mayor August 17, 2001. 

0964 7 Constable's Bonds: Joseph F. Allen, John R. 
Carrey, Ron Cobb, Lawrence P. Neves, Angela Perry, 
Jackson D. William, Derek S. Wright. 

Approved by the Mayor August 17, 2001. 

Very truly yours, 

Rosaria Salerno, 

City Clerk. 
Placed on file. 



COMMUNICATION FROM CITY CLERK OF FIL- 
ING BY BRA OF "SECOND AMENDMENT TO 
GL. C. 121A, SEC 6A CONTRACT BETWEEN 
245 SUMMER STREET 121 A LIMITED PART- 
NERSHIP AND THE CITY OF BOSTON" 
(DOCKET NO. 1025) 

The following was received: 

City of Boston 
Office of the City Clerk 

August 24, 2001 
To the City Council. 
Dear Councilors: 

In compliance with the order passed by your 
Honorable Body December 6, 1976, this is to inform 
you that the following was filed by the Boston 
Redevelopment Authority with the City Clerk on August 
22,2001: 

"Second Amendment to G L. c. 121 A, sec. 6A 
Contract between 245 Summer Street 121A Limited 
Partnership and the City of Boston. ". 

Very truly yours, 

Rosaria Salerno, 

City Clerk. 

Referred to the Committee on Economic Develop- 
ment. 



NOTICE RECEIVED FROM DALE CARDER, 
ADMINISTRATIVE MANAGER, RIGHT OF 
WAY BUREAU, MASSACHUSETTS HIGH- 
WAY DEPARTMENT RE: LAYOUT NO. 7626 
ALTERATION OF STATE HIGHWAY 
(DOCKET NO. 1026) 

Notice was received from Dale Carder, Administra- 
tive Manager, Right of Way Bureau, Massachusetts 
Highway Department re: Layout No. 7626 Alteration of 
a State Highway. 

Placed on file. 



216 



CITY COUNCIL 



ORDER TO REDUCE APPROPRIATION FOR 
RESERVE FOR COLLECTIVE BARGAINING 
BY $791,493 TO PROVIDE FUNDING IN 
SCHOOL DEPARTMENT FOR COST ITEMS 
CONTAINED WITHIN PRINCIPAL/HEAD- 
MASTER AND MANAGEMENT AGREE- 
MENTS (DOCKET NO. 0951) 

Councilor TURNER called Docket No. 0951 from the 
Committee on Education and School Matters. 

No objection being heard, the matter was before the 
body. 

On motion of Councilor TURNER, the order was 
passed. 



ORDER APPROVING SUPPLEMENTAL APPRO- 
PRIATION OF $791,493 FOR PUBLIC 
SCHOOLS FOR FY02 TO COVER COST 
ITEMS CONTAINED WITHIN PRINCIPAL/ 
HEADMASTER AND MANAGEMENT 
AGREEMENTS (DOCKET NO. 0952) 

Councilor TURNER called Docket No. 0952 from 
the Committee on Education and School Matters. 

No objection being heard, the matter was before the 
body. 

On motion of Councilor TURNER, the order was 
passed. 



ORDER TO REDUCE APPROPRIATION FOR 
RESERVE FOR COLLECTIVE BARGAINING 
BY $69,736 TO PROVIDE FUNDING IN 
GRAPHIC ARTS DEPARTMENT FOR COL- 
LECTIVE BARGAINING AGREEMENTS 
WITH GRAPHIC COMMUNICATIONS IN- 
TERNATIONAL UNION, LOCAL 600 AND 
BOSTON TYPOGRAPHICAL, LOCAL 13 
(DOCKET NO. 0949) 

Councilor DAVIS-MULLEN called Docket No. 0949 
from the Committee on Ways and Means. 

Hearing no objection, the matter was before the body. 

On motion of Councilor DAVIS-MULLEN, the 
order was passed. 



ORDER APPROVING SUPPLEMENTAL APPRO- 
PRIATION OF $69,736 TO COVER FY02 
COST IN GRAPHIC ARTS DEPARTMENT OF 
COLLECTIVE BARGAINING AGREEMENTS 
WITH GRAPHIC COMMUNICATIONS IN- 
TERNATIONAL UNION, LOCAL 600 AND 
BOSTON TYPOGRAPHICAL, LOCAL 13 
(DOCKET NO. 0950) 

Councilor DAVIS-MULLEN called Docket No. 0950 
from the Committee on Ways and Means. 

Hearing no objection, the matter was before the body. 

On motion of Councilor DAVIS-MULLEN, the 
order was passed. 



ORDER FOR INDEPENDENT TRAFFIC STUDY 
THAT WILL FOCUS ON STREETS THAT 
BORDER AND CUT THROUGH PRUDEN- 
TIAL CENTER (DOCKET NO. 1027) 

Councilor DAVIS-MULLEN offered the following: 

WHEREAS: The Prudential Center Residents 
Association (PCRA) is the organization that represents 
the residents who reside in the Boylston, Fairfield, and 
Gloucester; AND 

WHEREAS: The residents of the Prudential Center 



are concerned with the construction of the 56,000 
square foot Shaw's Supermarket that will attach, go 
under and around the Gloucester Residential Apartment; 
AND 

WHEREAS: The streets that border and cut through 
the Prudential Center are Exeter Street, Boylston Street, 
Huntington Avenue and East Ring Road; AND 

WHEREAS: East Ring Road is of special concern to 
the residents as it is the only street by which emergency 
vehicles can reach them and it is already heavily con- 
gested with bus routes, tour buses, automobiles and 
valet parking; AND 

WHEREAS: PCRA is in favor of a new supermarket, 
the residents of the Prudential are opposed to the current 
supermarket plan due to its enormous size and its poten- 
tial serious adverse traffic impact on an already fre- 
quently gridlock area; THEREFORE BE IT 

ORDERED: That the City of Boston's Transportation 
Department conduct an independent traffic study that 
will focus on the streets that border and cut through the 
Prudential Center; AND FURTHER BE IT 

ORDERED: That representatives of the Boston 
Transportation Department, the Mayor's Office and all 
other interested parties be invited to give testimony. 

Referred to the Committee on Transportation. 



RESOLUTION ENCOURAGING WOMEN AND 
THEIR HEALTH PROFESSIONALS TO RAISE 
AWARENESS OF OVARIAN CANCER ITS 
EARLY DETECTION AND PREVENTION 
METHODS, RISK FACTORS AND EARLY 
WARNING SYMPTOMS (DOCKET NO. 1028) 

Councilors HENNIGAN, DAVIS-MULLEN, FEEN- 
EY, CONLEY, HONAN, FLAHERTY, ROACHE, 
SCAPICCHIO, TURNER, ROSS, KELLY, MURPHY 
and YANCEY offered the following: 

WHEREAS: According to the National Ovarian 
Cancer Coalition, ovarian cancer is the fifth leading 
cause of new cancer cases reported in the 35-74 year old 
female population, and is the fourth leading cause of 
cancer related deaths; and 

WHEREAS: One woman in fifty-five will develop 
this type of cancer during her lifetime; and 

WHEREAS: The American Cancer Society estimates 
that 23,400 new cases of ovarian cancer are diagnosed 
yearly and 13,900 women die from ovarian cancer each 
year; and 

WHEREAS: If ovarian cancer is diagnosed and 
treated early while the cancer is confined to the ovary, 
the 5-year survival rate reached 93% on average, 
depending upon the tumor type, stage and grade; and 

WHEREAS: The 5-year survival rate drops signifi- 
cantly with late detection; and 

WHEREAS: There are factors known that can help in 
reducing a woman's risk for ovarian cancer including: 
regular gynecological check ups and education on 
increased risk factors; NOW, THEREFORE BE IT 

RESOLVED: That the Boston City Council, in meet- 
ing assembled, encourages woman and their health pro- 
fessionals to raise awareness of ovarian cancer, its early 
detection and prevention methods, risk factors and early 
warning symptoms and further applauds the extraordi- 
nary work of the National Ovarian Cancer Coalition in 
its efforts to raise awareness of the risks and symptoms 
of ovarian cancer. 

On motion of Councilor HENNIGAN, the resolution 
was adopted. 



ORDER FOR HEARING TO DISCUSS WAYS TO 
REGULATE USE OF RESIDENTIAL STREETS 
BY COMMERCIAL VEHICLES (DOCKET NO. 
1029) 

Councilor FEENEY offered the following: 



• 



SEPTEMBER 13, 2001 



217 



Whereas: There are an increasing number of busi- 
nesses using residential streets to park their commercial 
vehicles. 

Whereas: At the present time, there are no parking 
restrictions prohibiting such use unless the vehicle 
weight exceeds 2 1/2 tons. 

Whereas: Residential streets in the City of Boston are 
densely populated and exceedingly congested. 

Whereas: Many residents already have a very diffi- 
cult time finding parking on their own streets before 
commercial vehicles are introduced into the picture. 
Therefore be it 

Ordered: That the appropriate Committee of the 
Boston City Council hold a public hearing to discuss 
ways to regulate the use of residential streets by com- 
mercial vehicles. 

Referred to the Committee on Transportation. 



RESOLUTION CALLING ON DEPARTMENT OF 
NEIGHBORHOOD DEVEBOPMENT AND 
OTHER APPROPRIATE CITY AGENCIES TO 
IMPLEMENT BOSTON PREFERENCE FOR 
AFFORDABLE HOUSING PLACEMENTS 
WITHIN CITY WHICH COMPLIES WITH ALL 
APPLICABLE FAIR HOUSING REQUIRE- 
MENTS (DOCKET NO. 1030) 

Councilors SCAPICCHIO, DAVIS-MULLEN, HEN- 
NIGAN, FEENEY, HONAN, ROACHE, TURNER, 
MURPHY, CONLEY, FLAHERTY, ROSS and KELLY 
offered the following: 

WHEREAS: Boston is faced with an acute shortage 
of affordable housing which is forcing middle class res- 
idents to leave the city at an alarming rate, and 

WHEREAS: Boston is spending millions of dollars to 
bolster the city's affordable housing stock, while the 
other towns and municipalities in the Commonwealth 
are not putting forth the same effort and resources to 
create affordable units, and 

WHEREAS: People from Rhode Island, New 
Hampshire, Connecticut and beyond are routinely 
applying for scarce housing and participating in 
Boston's affordable housing lotteries and competing 
with Boston residents for these prized units, and 

WHEREAS: Boston is a very desirable city, where 
people from all income levels should have the oppor- 
tunity to live, and 

WHEREAS: Boston's efforts to build housing are 
dedicated to assisting the residents of our city, therefore 
be it 

RESOLVED: That the Boston City Council call on 
the Department of Neighborhood Development and 
other appropriate city agencies to develop a Boston 
preference for affordable housing placements within the 
city which complies with all applicable fair housing 
requirements. 

On motion of Councilor SCAPICCHIO, the resolu- 
tion was adopted; yeas 13. 



ORDER CALLING FOR CITY TO ADOPT CHAP- 
TER 127 OF ACTS AND RESOLVES OF MAS- 
SACHUSETTS 1999 (DOCKET NO. 1031) 

Councilors DAVIS-MULLEN, MURPHY, FEENEY, 
HONAN, HENNIGAN, TURNER, ROACHE, KELLY, 
ROSS, CONLEY and YANCEY offered the following: 

WHEREAS: Chapter 127 of the Acts & Resolves of 
Massachusetts 1999, the "Senior Volunteer Tax Credit" 
law was amended to allow cities and towns to establish 
a tax exemption program that would allow persons over 
the age of 60 to volunteer to provide service to the city 
or town they reside, in exchange lor a reduction in their 
real property tax bill; And 



WHEREAS: In addition to any other tax abatement or 
exemption that eligible residents may already receive, 
the person seeking to take advantage of this program 
would be credited on their tax bill at a rate not to exceed 
the current hourly minimum wage, and at a sum not to 
exceed $500.00 in a tax year; And 

WHEREAS: The amount of credit shall not be con- 
sidered income, wages or employment for the purpose 
of taxation; And 

WHEREAS: Chapter 127 of the Acts & Resolves of 
Massachusetts 1 999 the "Senior Volunteer Tax Credit" 
is state enabling language that must be adopted by the 
municipal governments of each city and town in order 
for that city or town's eligible residents to take advan- 
tage of the program; And 

WHEREAS: If the enabling law is adopted by the 
City of Boston, it will bring much needed property tax 
relief to residents over the age of 60 who want to live in 
the City of Boston but who cannot afford the rising cost 
of living and taxes that have besieged Boston over the 
last few years; Therefore be it 

ORDERED: That the Boston City Council hold an 
immediate public hearing to discuss, explore and adopt 
this legislation for the benefit of residents over the age 
of 60, and that members of the public, the 
Administration, the Tax Assessing Department, the 
Elderly Commission and the Office of Intergovernmen- 
tal Affairs be invited to attend and testify. 

Councilor DAVIS-MULLEN offered the following 
new draft: 

WHEREAS: Section 159 of Chapter 127 of the Acts 
& Resolves of Massachusetts 1999, the "Senior 
Volunteer Tax Credit" law was amended to allow cities 
and towns to establish a tax exemption program that 
would allow persons over the age of 60 to volunteer to 
provide service to the city or town they reside, in 
exchange for a reduction in their real property tax bill; 
And 

WHEREAS : In addition to any other tax abatement or 
exemption that eligible residents may already receive, 
the person seeking to take advantage of this program 
would be credited on their tax bill at a rate not to exceed 
the current hourly minimum wage, and at a sum not to 
exceed $500.00 in a tax year; And 

WHEREAS: The amount of credit shall not be con- 
sidered income, wages or employment for the purpose 
of taxation; And 

WHEREAS: Chapter 127 of the Acts & Resolves of 
Massachusetts 1 999 the "Senior Volunteer Tax Credit" 
is state enabling language that must be adopted by the 
municipal governments of each city and town in order 
for that city or town's eligible residents to take advan- 
tage of the program; And 

WHEREAS: If the enabling law is adopted by the 
City of Boston, it will bring much needed property tax 
relief to residents over the age of 60 who want to live in 
the City of Boston but who cannot afford the rising cost 
of living and taxes that have besieged Boston over the 
last few years; Therefore be it 

ORDERED: That the City of Boston adopt Chapter 
127 Section 159 of the Acts of 1999 establishing a 
"Senior Volunteer Tax Credit". 

On motion of Councilor DAVIS-MULLEN, the rules 
were suspended; the order was passed; yeas 13. 



ORDINANCE PROHIBITING SALE, POSSESSION 

AND USE OF FIREWORKS (DOCKET NO. 
1032) 

Councilors CONLEY, FEENEY, HONAN, 111 NN1- 
GAN, ROACHE and TURNER offered the following: 

City of Boston 
In the Year Two Thousand and One 



218 



CITY COUNCIL 



AN ORDINANCE PROHIBITING THE SALE, POS- 
SESSION AND USE OF FIREWORKS 

Be it ordained by the City Council of Boston as follows: 

That CBC, Ordinances, Chapter 11 be amended by 
inserting the following new language: 

11-SB PROHIBITING THE SALE, POSSESSION 
AND USE OF FIREWORKS 

11-5B.1 Sale, Possession and Use of Fireworks 
Prohibited. No person shall sell, possess or use 
fireworks (including but not limited to firecrack- 
ers, cherry bombs, silver salutes, M-80's, torpe- 
does, sky-rockets, Roman candles, sparklers, 
rockets, wheels, colored fires, fountains, mines, 
serpents or other fireworks of like construction) 
within the city; provided, however, that duly 
licensed wholesalers may sell fireworks to retail- 
ers for resale outside the city; and provided fur- 
ther that personas having a permit issued under 
authority of M.G.L. Chapter 148, Section 10A, 
may purchase fireworks and display them in 
accordance with the provisions of Chapter 1 48 of 
the General Laws and in compliance with the 
rules and regulations of the Department of Public 
Safety. 

1 1-SB.2 Penalty. Violators of any provision of this ordi- 
nance shall be subject to a fine of not less than 
three hundred ($300.00) dollars nor more than 
one thousand ($1,000.00) dollars. 

11-5B.3 Severability. The provisions of this section 
shall be severable and if any section, part, or por- 
tion hereof shall be held invalid for any purpose 
by any court of competent jurisdiction, the deci- 
sion of such court shall not affect or impair any 
remaining section, part or portion thereof. 

11-SB.4 Effective Date. This section shall take effect 
immediately upon its passage. 

Referred to the Committee on Public Safety. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1035) 

Councilor YANCEY offered the following: 

Ordered: That effective Saturday, September 15, 
2001, the following named person be, and hereby is, 
appointed to the position set against their name until 
Friday, November 9, 2001: 

Laura O'Brien, Secretary, $696.16, full time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1036) 

Councilor YANCEY offered the following: 

Ordered: That effective Saturday, August 18, 2001, 
the following named person be, and hereby is, appointed 
to the position set against their name until Friday, 
November 9, 2001: 

Tara A. Mikelonis, Secretary, $600.80, full time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 1037) 

Councilor YANCEY offered the following: 

Ordered: That effective Saturday, August 25, 2001, 
the following named person be, and hereby is, appointed 
to the position set against their name until Friday, 
November 9, 2001: 



Samuel S. Conti, 
Michael Moran, 



Secretary, 
Secretary, 



$575.00, 
$375.00, 



full time, 
full time. 



Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1033) 

Councilor YANCEY offered the following: 

Ordered: That effective Saturday, September 15, 
2001, the following named person be, and hereby is, 
appointed to the position set against their name until 
Friday, September 21, 2001: 

Stephen Scapicchio, Secretary, $800.00, full time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 1034) 

Councilor YANCEY offered the following: 

Ordered: That effective Saturday, September 15, 
2001, the following named person be, and hereby is, 
appointed to the position set against their name until 
Friday, November 9, 2001: 

Mark A. Chardavoyne, Secretary, $698.00, full time. 
Vincent A. LaBella, Administrative Asst., $1,038.47, full time. 

Passed under suspension of the rules. 



RESOLUTION TO IMPROVE COMMUNICATIONS 
BETWEEN SUPERINTENDENT OF PUBIIC 
SCHOOLS AND PARENTS OF PUBLIC 
SCHOOL STUDENTS (DOCKET NO. 1038) 

Councilor HENN1GAN offered the following: 

WHEREAS, each public school in the City of Boston 
has a site council, Parent Teacher Organization, or 
Parent Teacher Association that meets regularly to dis- 
cuss issues affecting parents, teachers and students at 
each site; and, 

WHEREAS, over the past few years, the 
Superintendent's office has made personnel moves and 
other operational moves (i.e. moving starting times) 
without parental notification; and, 

WHEREAS, part of the formula of the pilot schools 
in Boston is that parents are involved in the everyday 
running of the school; and, 

WHEREAS, pilot schools were created with an 
agreement with the City, School Department, and the 
Boston Teachers Union (BTU) as a way to "free" certain 
schools from guidelines and mandates set by either the 
BTU or Boston Public Schools; and, 

WHEREAS, there is no blueprint or formula for how 
parents are supposed to be involved in the decisions 
public school administrators make and yet, there are 
examples of school systems in the Commonwealth of 
Massachusetts and throughout the country where the 
Superintendents' offices make it a policy to address par- 
ent representatives on a regular basis; THEREFORE BE 
IT 



• 



SEPTEMBER 13, 2001 



219 



RESOLVED, That the Boston City Council goes on 
record urging the Boston School Committee to imple- 
ment a policy in order to require the office of the 
Superintendent of the Boston Public Schools to open 
more effective lines of communication and to meet 
quarterly with the parent representatives from each 
Boston Public School. 

Referred to the Committee on Education and 
School Matters. 



ORDER FOR HEARING TO ASSESS WHAT 
ACTION COULD BE TAKEN BY CITY TO 
INCREASE NUMBER OF POLICE OFFICERS 
WALKING ON DAILY BASIS IN NEIGHBOR- 
HOODS WHERE CRIME IS INCREASING 
(DOCKET NO. 1039) 

Councilors TURNER, YANCEY, DAVIS-MULLEN, 
SCAPICCHIO, HENNIGAN, HONAN, KELLY and 
MURPHY offered the following: 

Whereas: Crime is on the increase in the neighbor- 
hoods of Boston; and 

Whereas: The City of Boston needs to strengthen its 
ability to intervene and curtail the rise in crime; and 

Whereas: During the eighties, the practice, intro- 
duced by former Commissioner Roache, of having 
police officers leave their cars and walk in the neigh- 
borhoods during their daily tours of duty proved to be a 
very effective deterrent to crime; and 

Whereas: The police department has departed from 
that practice; and 

Whereas: The police department states that it has very 
limited resources for such strategies as bike patrol offi- 
cers; and 

Whereas: Street workers during the eighties also 
proved to be a very effective preventative strategy; and 

Whereas: There seem to be limited resources for 
deploying such workers in neighborhoods in need of 
such assistance; Therefore be it 

Ordered: That a hearing be held before the relevant 
City Council Committee to assess what action could be 
taken by the City to increase the number of police offi- 
cers walking on a daily basis in neighborhoods where 
crime is increasing; and Be It Further 

Ordered: That said hearing also examine the question 
of how to increase the number of street workers in areas 
where crime is increasing; and Be it Further 

Ordered: That the Commissioner of Police be asked 
to attend said hearing to give the Council members the 
latest statistics on crime and discuss strategies that could 
be employed to bring the put more officers on foot and 
on bikes in the neighborhoods where crime is increas- 
ing; and Be It Further 

Ordered: That the Director of Community Centers 
and the Director of the Street Worker Unit within 
Community Centers be asked to attend said hearing and 
discuss strategies for increasing the number of street 
workers in areas where crime is increasing. 

Referred to the Committee on Public Safety. 



ORDER FOR HEARING TO EXAMINE EXTENT TO 
WHICH CITY DEPARTMENTS USE CORI 
CHECKS AS PART OF THEIR PROCESS AND 
HOW MUCH INFORMATION IS USED TO 
EVALUATE APPLICANT (DOCKET NO. 1 040) 

Councilors TURNER, YANCEY and ROSS offered 
the following: 

Whereas: Many private companies and public agen- 
cies in Massachusetts are refusing to hire people with 
criminal histories, regardless of the relevance of the his- 
tories to the jobs for which applications are made; and 

Whereas: The use of criminal histories to bar employ- 
ment without careful examination of the relevance of 



the crime to the job is a denial due process to those with 
criminal histories; and 

Whereas: The City Council has a responsibility to 
assure itself that hiring by the City of Boston is being 
handled in a way that assures that people with criminal 
backgrounds are receiving equal treatment; Therefore 
Belt 

Ordered: That a hearing be held before the relevant 
City Council Committee to examine the extent to which 
City of Boston Departments use CORI checks as part of 
the process and how such information is used to evalu- 
ate the applicants; and be it further 

Ordered: That the Director of Human Relations 
appear before said City Council Committee to discuss 
this issue and inform the City Council regarding how 
many applicants have been rejected on the basis of crim- 
inal histories and in which departments these rejections 
took place. 

Referred to the Committee on Government Oper- 
ations. 



RESOLUTION SUPPORTING LIVING WAGE FOR 
HUMAN SERVICE WORKERS PENDING 
LEGISLATION (DOCKET NO. 1041) 

Councilors TURNER and YANCEY offered the fol- 
lowing: 

Whereas: Human service workers who take care of 
the state's most vulnerable populations, the mentally ill, 
disabled, mentally retarded and others, are often paid at 
poverty levels; and 

Whereas: Social service and human service workers 
have not received cost of living increases to match infla- 
tion since the early 1990s - the beginning of privitiza- 
tion; and 

Whereas: Direct care human service workers in 
Massachusetts work extra jobs in an effort to stay above 
the poverty line; and 

Whereas: Turnover is high in human service agencies 
sometimes reaching 40 percent; and 

Whereas: Low wages and high turnover have created 
job vacancy problems increasing the demands on work- 
ers who stay; and 

Whereas: The Human Service Workers Living Wage 
Act would provide all employees of agencies that 
deliver social services or child care under contract or 
subcontract with the Commonwealth of a wage of no 
less than $12.89 an hour without health care insurance 
and $11.89 with health care insurance; and 

Whereas: The bill would be recalculated annually to 
ensure that wages would be no less than 135 percent of 
the federal poverty line for a family of four; and 

Whereas: Massachusetts Council of Human Service 
Providers, unions including S.E.I.U. Local 285 and 
Local 925 and the Massachusetts chapter of the Alliance 
for the mentally ill; Therefore Be It 

Resolved: That the Boston City Council go on record 
in support of the Living Wage for Human Service 
Workers pending legislation; and be it further 

Resolved: That the City Clerk be and hereby is 
requested to forward a suitably engrossed copy of this 
resolution to the entire Cambridge legislative delegation 
in both the House and Senate on behalf of the entire City 
Council. 

Referred to the Committee on Labor. 



RESOLUTION URGING STATE LEGISLATURE TO 
ENACT WORKPLACE DISCLOSURE BILL 
LEGISLATION IN ORDER TO PROVIDE PUB- 
LIC WITH NECESSARY ASN1 K\\< is 1 1 1 \1 
COMMONWEALTH IS NOT PURCHASING 
GOODS AND SERVICES FROM SWEATSHOP 
MANUFACTURERS (DOCKET NO. 1042) 

Councilors ROSS, YANCEY, TURNER, FEENEY. 



220 



CITY COUNCIL 



KELLY, MURPHY, HENNIGAN, HONAN, CONLEY, 
ROACHE, SCAPICCHIO, DAVIS-MULLEN and 
FLAHERTY offered the following: 

WHEREAS: The Workplace Disclosure Bill (S. 
1621), requiring manufacturers to identify where goods 
are being produced, has been introduced in the 
Massachusetts State Legislature; and 

WHEREAS: Throughout the world, including in our 
own city, dangerous and illegal working conditions per- 
sist; and 

WHEREAS: There is presently no requirement for 
the disclosure of information on where and in what con- 
ditions goods and services are produced for the 
Commonwealth, and 

WHEREAS: The citizens of the Commonwealth 
deserve to know with certainty where goods and ser- 
vices acquired by the state are produced and in what 
conditions these goods and services are produced under; 
and 

WHEREAS: The Workplace Disclosure Bill (S. 
1 62 1 ) will provide the vital information needed by pub- 
lic officials and voluntary organizations to discourage 
the acquisition by the Commonwealth of sweatshop- 
produced goods and services; Therefore Be It 

RESOLVED: That the Boston City Council urges the 
State Legislature to enact the Workplace Disclosure Bill 
legislation in order to provide the public with necessary 
assurances that the Commonwealth is not purchasing 
goods and services from sweatshop manufacturers. 

On motion of Councilor ROSS, the resolution was 
adopted. 



nated, and find out what actions other government enti- 
ties have taken and the rationales for these actions to 
address energy issues in the City of Boston. 

Referred to the Committee on City and 
Neighborhood Services. 



ORDER FOR HEARING TO DETERMINE WHAT 
ACTIONS NSTAR HAS ALREADY TAKEN 
AND PLANS TO TAKE TO FULLY COMPEN- 
SATE VICTIMS OF BLACKOUT AND 
ENSURE THAT POWER OUTAGES BE ELIM- 
INATED AND FIND OUT WHAT ACTIONS 
OTHER GOVERNMENT ENTITIES HAVE 
TAKEN AND THE RATIONALES FOR THESE 
ACTIONS TO ADDRESS ENERGY ISSUES IN 
CITY (DOCKET NO. 1043) 

Councilors ROSS, YANCEY, MURPHY, CONLEY, 
ROACHE, SCAPICCHIO, HONAN, DAVIS-MUL- 
LEN, HENNIGAN, TURNER and FEENEY offered the 
following: 

WHEREAS: Much of District 8, including Kenmore 
Square, Audubon Circle, and Mission Hill, as well as 
other areas of the City, went without power for a mini- 
mum of twenty-four hours beginning on Friday, August 
10 through Sunday, August 12; and 

WHEREAS: These blackouts caused significant 
hardship, economic and otherwise, to approximately 
40,000 Boston residents; and 

WHEREAS: It is still unclear what actions, if any, 
NStar plans to take to prevent blackouts in Boston in the 
.future; and 

WHEREAS: The administration has created an advi- 
sory committee on energy on August 15, 2001, chaired 
by Kathleen O'Toole, and has advocated a reduction in 
city energy use by 1 0% over the next five years to help 
address the issue; and 

WHEREAS: The Governor has held a power summit 
with major Massachusetts utilities to determine what 
actions will be taken to prevent power outages in the 
future; and 

WHEREAS: The Department of Telecommunications 
and Energy for the Commonwealth may not have taken 
satisfactory actions to prevent future power outages in 
the future; Therefore Be It 

ORDERED: That the Boston City Council conduct a 
hearing to determine what actions NStar has already 
taken and plans to take to fully compensate victims of 
the blackout and ensure that power outages be elimi- 



CERTAIN INFORM ATION UNDER SECTION 17F 
RE: LINKAGE LAW (DOCKET NO. 1044) 

Councilor KELLY offered the following: 

ORDERED: That, under the provisions of Section 
17F of Chapter 452 of the Acts of 1948, as amended, 
and under any other applicable provision of law, His 
Honor, the Mayor, be, and hereby is, requested to obtain 
and deliver To the City Council., within one week of the 
receipt hereof, the following information: 

1 . Copies of state statutes and city ordinances, includ- 
ing any and all amendments, governing the linkage law. 

2. The location (and name, if applicable) of all pro- 
jects that are legally obligated to make linkage contri- 
butions since the adoption of the law, to present. 

3. The name of the developer of each of these pro- 
jects, as well as the names and addresses of the princi- 
pal investors of the same. 

4. The amount of square feet of each project, as well 
as the dollar amount obligated by the developer to the 
Neighborhood Housing Trust and Neighborhood Jobs 
Trust. 

5. A copy of the schedule of payments that have been 
agreed to by the developer and the Boston Redevelop- 
ment Authority for each project 

6. A status report on each project indicating whether 
the developer has met, or is meeting, their statutory link- 
age obligations. Further, a written explanation by the 
BRA explaining on what projects there has been a vio- 
lation of the linkage law, and what will be done to bring 
the developer of said projects into compliance. 

On motion of Councilor KELLY, the rules were sus- 
pended; the order was passed. 



RESOLUTION ASKING CITY AND SCHOOL 
DEPARTMENT TO PROVIDE COUNSELING 
SERVICES TO BOSTON RESIDENTS 
EMPLOYEES AND SCHOOL CHILDREN TO 
ASSIST THEM IN DEALING WITH TERROR- 
IST ATTACKS ORIGINATING OUT OF 
LOGAN AIRPORT THAT CAUSED CATA- 
STROPHIC LOSS IN MANHATTAN, NEW 
YORK (DOCKET NO. 1045) 

Councilors HENNIGAN, DAVIS-MULLEN and 
TURNER offered the following: 

Asking the City of Boston and the Boston School 
Department to provide counseling services to Boston 
residents, employees and school children to assist them 
in dealing with the horrific terrorist attacks originating 
out of Logan Airport that caused catastrophic loss in 
Manhattan, New York. 

On motion of Councilor HENNIGAN, the resolution 
was adopted. 



ORDER RE: CABLE BROADBAND SERVICE 
(DOCKET NO. 1046) 

Councilor KELLY offered the following: 



# 



SEPTEMBER 13, 2001 



221 



WHEREAS, South Boston, sections of Dorchester 
and other neighborhoods across the city, have experi- 
enced frequent interruptions of AT&T Broadband cable 
service (formerly Cablevision of Boston) in recent 
months; and 

WHEREAS, Subscribers, when calling AT&T 
Broadband, complain that when they do get an auto- 
mated number they are put on hold for prolonged peri- 
ods; and 

WHEREAS, Customers who have experienced inter- 
ruptions seldom, if ever, receive a rebate for undelivered 
services, and AT&T Broadband appears to have no pol- 
icy in this regard: Customers are billed and are required 
to pay even though the supplier fails to deliver; and 

WHEREAS, In addition, customers are required to 
pay for AT&T Broadband services a month in advance. 
Hence, at the end of the month customers are billed for 
sixty days of service even though they only receive ser- 
vice for thirty days. Further, customers are notified in 
bold print that they are delinquent and they may be sub- 
ject to a reconnection fee if service is disconnected for 
non-payment; be it therefore 

ORDERED: That the Boston City Council conduct a 
public hearing to discuss the frequent disruptions as 
well as the supplier's billing practices and that represen- 
tatives of AT&T Broadband and the city's cable office 
be invited to attend. 

Referred to the Committee on Information Tech- 
nology. 



• 



ORDER RE: NEIGHBORHOOD HOUSING TRUST 
(DOCKET NO. 1047) 

Councilor KELLY offered the following: 
ORDERED: That, under the provisions of Section 
17F of Chapter 452 of the Acts of 1948, as amended, 
and under any other applicable provision of law, His 
Honor, the Mayor, be, and hereby is, requested to obtain 
and deliver To the City Council, within one week of the 
receipt hereof, the following information: 

1. The names and home address of the current and 
past appointees to the Neighborhood Housing Trust 
(NHT) 

2. The dates of the appointments of the above. 

3. The total amount of financial assistance awarded 
to, or committed to recipients of NHT funds since the 
fund's inception. 

4. The complete listing of individuals, organizations 
or agencies (both private and/or non-profits) that have 
received NHT funds since the fund's inception. 

5. The complete listing of recipients of NHT funds 
that have circumscribed the R_FP process by using the 
housing creation option since the fund's inception. 

On motion of Councilor KELLY, the rules were sus- 
pended; the order was passed. 



# 



ORDER RE: NEIGHBORHOOD JOB TRUST 
(DOCKET NO. 1048) 

Councilor KELLY offered the following: 

ORDERED: That, under the provisions of Section 
17P of Chapter 452 of the Acts of 1948, as amended, 
and under any other applicable provision of law, His 
Honor, the Mayor, be, and hereby is, requested to obtain 
and deliver To the City Council., within one week of the 
receipt hereof, the following information: 

1. The names and home address of the current and 
past appointees to the Neighborhood Jobs Trust 

2. The dates of the appointments of the above. 

3. The total amount of financial assistance awarded 



to, or committed to recipients of NJT funds since the 
fund's inception. 

4. The complete listing of individuals, organizations 
or agencies that have received NJT funds since the 
fund's inception. 

5. Copies of the applications of those above named 
individuals, organizations or agencies that have applied 
for and received funding from the NJT that describe 
who is involved with their training program, the neigh- 
borhoods that have benefited, as well as the number of 
individuals whose job opportunities have been 
expanded as a result of the NJT legislation. 

On motion of Councilor KELLY, the rules were sus- 
pended; the order was passed. 



ORDER RE: NSTAR SERVICE OUTAGES 
(DOCKET NO. 1049) 

Councilor KELLY offered the following: 

WHEREAS, Throughout the summer months South 
Boston, sections of Dorchester and other neighborhoods 
across the city, have experienced numerous power out- 
ages that sometimes lasted for several days; and 

WHEREAS, Those power outages almost always 
occur on hot days when the humidity is oppressive; and 

WHEREAS, Those outages not only impact the qual- 
ity of life for families with children, and endanger the 
health of some citizens, particularly our elderly, they 
also cost money and waste food when refrigeration is 
lost for a period of time; and 

WHEREAS, NSTAR customer service lines usually 
ring busy during these critical times leaving people with 
a sense of uncertainty and frustration, or when contact is 
made, NSTAR customers are told that the demand for 
electricity exceeds the capability of the existing power 
generating system; be it therefore 

ORDERED: That the Boston City Council conduct a 
public hearing to discuss the reasons for the frequent 
outages and what corrective action is being taken to fix 
the problem; and be it further 

ORDERED: That representatives of NSTAR and the 
Department of Public Utilities be invited to attend. 



Referred to the Committee 
Neighborhood Services. 



on City and 



LATE-FILED MATTERS 

The Chair stated that, in absence of objection, 4 late- 
filed matters would be added to the Agenda. 

No objection being heard, the following matters were 
added: 

CERTAIN INFORMATION UNDER SECTION 17F 
RE: LIST OF CONTRACTS WITHIN LAW 
DEPARTMENT (DOCKET NO. 1084) 

Councilor YANCEY offered the following: 

Ordered: That, under the provisions of Section 17F of 
Chapter 452 of the Acts of 1948, as amended, and under 
any other applicable provision of law, His Honor, the 
Mayor, be, and hereby is, requested to obtain and 
deliver To the City Council., within one week of the 
receipt hereof, the following information: 

List of all Contracts within the Law Department 
including scope of services, cost, beginning and ending 
dates. 

On motion of Councilor YANCEY, the rules were 
suspended; the order was passed. 



222 



CITY COUNCIL 



CERTAIN INFORMATION UNDER SECTION 17F 
RE: LIST OF BOSTON RESIDENTS 1 8 YEARS 
AND ABOVE (DOCKET NO. 1085 ) 

Councilor YANCEY offered the following: 

Ordered: That, under the provisions of Section 17F of 
Chapter 452 of the Acts of 1948, as amended, and under 
any other applicable provision of law, His Honor, the 
Mayor, be, and hereby is, requested to obtain and 
deliver to the City Council, within one week of the 
receipt hereof, the following information: 

List of all Boston Residents 18 years & above by 
precinct, address, telephone numbers and voter status 
(registered and non registered) formatted electronically, 
including those who may be dropped by the election 
department. 

On motion of Councilor YANCEY, the rules were 
suspended; the order was passed. 



ORDER FOR HEARING TO RENEW APPLICATION 
OF USRT APPLICATION (DOCKET NO. 1086) 

Councillors MURPHY, KELLY, HENNIGAN, 
FEENEY, DAVIS-MULLEN, CONLEY, FLAHERTY, 
ROACHE, TURNER SCAPICCHIO and YANCEY 
offered the following: 

Whereas, Two years ago The City Council spear- 
headed the effort to create an Urban Search and Rescue 
Team and the Administration agreed to fund 
$500,000.00 if the State would commit an equal 
amount. Despite intense lobbying efforts, the State 
money was never appropriated; and 

Whereas, The Federal Emergency Management 
Agency (FEMA) was developing a central system for 
identifying, certifying, equipping, mobilizing and 
deploying Urban Search and Rescue Teams (USRT) 
throughout the United States, by providing matching 
grants to local governments interested in participating in 
the USRT program; and 

Whereas, The purpose of establishing USRT units in 
various cities was to prepare highly trained search and 
rescue units to respond to extraordinary emergencies, 
such as earthquakes, building or tunnel collapses, 
floods, etc.; and 

Whereas, FEMA would provide grants for training as 
well as the purchase of specialized equipment by those 
municipalities participating in the USRT program; and 

Whereas, The Mayor had indicated his support for the 
establishment of a USRT unity in Boston and in accor- 
dance with the federal provisions for participation, the 
Boston Fire Department had agreed to sponsor the pro- 
gram, and both the Regional Director of FEMA, Louis 
A. Elisa II and the Mass. Emergency Management 
Agency, through its Director, David Rodham, had sent 
letters of support for the program; and 

Whereas, Recent events have illustrated the need for 
Urban Search and Rescue Teams in all major cities; 
therefore be it 

Ordered, That the Boston City Council's Committee 
on Public Safety conduct a public hearing the renew the 
application of the USRT application, and that represen- 
tatives of the Mayor's Office, the Boston Fire 
Department, the City's EMT's, the Regional Office of 
FEMA and the Mass. Emergency Management Agency, 
be invited to attend to address any questions which 
might arise about the same. 

Referred to the Committee on Public Safety. 



ENTED POLICING SERVICES GRANT FOR 
PURPOSE OF INTEGRITY CURRICULUM 
DEVELOPMENT THROUGH REGIONAL 
COMMUNITY POLICING INSTITUTE/NEW 
ENGLAND (DOCKET NO. 0953) 

Councilor CONLEY called Docket No. 0953 from 
the Committee on Public Safety. 

Hearing no objection, the matter was before the body. 

On motion of Councilor CONLEY, the order was 
passed. 



ORDER FOR HEARING TO DISCUSS HOW 
BOSTON PUBLIC SCHOOLS SETS OPENING 
AND CLOSING TIMES FOR ALL BOSTON 
PUBLIC SCHOOLS (DOCKET NO. 1087) 

Councilor DAVIS-MULLEN offered the following: 

WHEREAS: Some students in Boston Public Schools 
leave for school as early as 6:30 in the morning; and 

WHEREAS: Students of different ages have varying 
sleep patterns and needs for sleep; and 

WHEREAS: Students with very early classes are 
sleepy through most of the school day, resulting in sig- 
nificant performance problems on regular class work as 
well as MCAS and Stanford 9; and 

WHEREAS: Students who are released as early as 
1:30 in the afternoon are at risk to be involved in dis- 
ruptive or criminal incidents in the neighborhoods; and 

WHEREAS: Families are notified of the five-year 
shifting cycle, but never have the opportunity to under- 
stand the basis for the timing of schools, the reason for 
shifts and the potential impacts on student learning; 
THEREFORE BE IT 

ORDERED: That the City Council conduct a hearing 
to discuss how the Boston Public Schools sets the open- 
ing and closing times for all Boston Public Schools. 

Referred to the Committee on Education and 
School Matters. 



ORDER AUTHORIZING POLICE DEPARTMENT 
TO ACCEPT AND EXPEND AWARD OF 
$80,000 IN FORM OF U.S. DEPARTMENT OF 
IUSTICE OFFICE OF COMMUNITY ORI- 



CONSENT AGENDA 

The Chair moved adoption of a Consent Agenda in 
which the following-named Councilors offered resolu- 
tions of a condolence or congratulatory nature as set 
forth after each Councilor's name: 

Councilor Honan: Congratulating George T Kreger 
(Docket No. 1050); Congratulating Aramis Camps 
(Docket No. 1051). 

Councilor Murphy: Congratulating Patrick Leeman 
(Docket No. 1052). 

Councilor Honan: Congratulating 20 persons on their 
dedication to educating the children of Boston (Docket 
No. 1053); Congratulating Paul White (Docket No. 
1054). 

Councilors Yancey and Turner: Congratulating Kirk 
Franklin (Docket No. 1055); Congratulating Revision 
House (Docket No. 1056). 

Councilor Roache: Extending best wishes to Emmer 
Molloy (Docket No. 1057). 

Councilor Turner: Congratulating Anthony Bruce 
Young, Anthony Little, Monique Kelly and Natalie 
Collins (Docket No. 1058). 

Councilor Conley: Congratulating Josephine Sargent 
(Docket No. 1059); Congratulating Phyllis Tabbi 
(Docket No. 1060); Congratulating Fred and Josephine 
Sargent (Docket No. 1061). 

Councilor Murphy: Extending best wishes to John 
Moran (Docket No. 1062). 

Councilors Yancey and Turner: In honor of Caribbean 
Culture week (Docket No. 1063). 

Councilor Hennigan: Congratulating Rosalie Warren 
(Docket No. 1064); Recognizing September as "Animal 
Shelter and Adoption Center Awareness Month" 



SEPTEMBER 13, 2001 



223 



(Docket No. 1065). 

Councilor Conley: Congratulating James W. Coffey 
(Docket No. 1066);. Congratulating Brian Carney 
(Docket No. 1067). 

Councilor Ross: Congratulating Stephen Puibello 
(Docket No. 1068);. Congratulating Sergeant Mark 
Parolin and Patrolman John Walker (Docket No. 1069). 

Councilor Honan: Congratulating the Oak Square 
YMCA (Docket No. 1070). 

Councilors Scapicchio and Conley: Declaring 
October to be Italian Heritage Month (Docket No. 
1071). 

Councilor Kelly: Congratulating Leo Comeau 
(Docket No. 1072). 

Councilor Hennigan: Congratulating Oscar Vega 
(Docket No. 1073); Congratulating Kimberly Chacon 
(Docket No. 1074); Congratulating Lorraine Landsburg, 
first woman to win the MBTA's "Bus Roadeo" (Docket 
No. 1075). 

Councilors Yancey and Turner: Congratulating W. 
Donald Potts (Docket No. 1076). 

Councilor Yancey: Congratulating Action for Boston 
Community Development (Docket Not 1077); 
Congratulating persons who participated in the First 
Annual Reggae Harborfest 2001 (Docket No. 1078); 
Congratulating Wolde Harris (Docket No. 1079); 
Congratulating Andy Williams (Docket No. 1080). 
Congratulating U.S. Department of Commerce (Docket 
No. 1081); Congratulating Codman Square NDC 
(Docket No. 1082); Congratulating Dick Gregory 
(Docket No. 1083). 

The Chair stated that in the absence of objection, one 
late-filed matter would be added to the Consent Agenda. 

No objection being heard, the following matter was 
added: 

Councilors Yancey and Turner: Congratulating Elma 
Lewis (Docket No. 1088). 

The matters contained within the Consent Agenda 
were severally adopted. 



STATEMENT OF COUNCILOR ROACHE 

Having unanimous consent to do so, Councilor 
ROACHE read an article written by a Canadian citizen 
in defense of America and Americans for the kindness 
and support they have always given other countries in 
their times of trial and tribulation stating that eveyone 
should also help the Americans out in this time of ter- 
rorist tragedy. 



STATEMENT OF PRESIDENT YANCEY 

President Yancey stated that we will adjourn today in 
memory of thousands of individuals who were viciously 
attacked and killed by terrorists Tuesday in New York at 
the World Trade Center Towers, in Washington at the 
Pentagon and in flight in Pennsylvania. 



STATEMENT OF COUNCILOR ROSS 

Having unanimous consent to do so, Councilor ROSS 
wanted to invite everyone to the interfaith prayer vigil 
that will be held at 5:15 at City Hall Plaza in commem- 
oration of the terrorist tragedy on Tuesday. 



Adjourned at 3:00 p.m., in memory of the thousands 
who died in the terrorist tragedy on Tuesday, to meet 
again on Wednesday, September 19, 2001 at 12:00 
noon. 



Note: All debate of City Council eliminated from 
proceedings in accordance with Chapter 447, Acts of 
1947. 



CITY OF BOSTON • GRAPHIC ARTS DEPARTMENT * 



# 



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CITY COUNCIL 



225 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, September 19, 2001 

R.egu!ar mee'ing of the City Conncil held in the 
Christopher A. Iannnella Council Chamber, City Hall, at 
12:20 p.m., President YANCEY in the Chair and all 
members present. 



INVOCATION 

President Yancey called for a moment of silence for 
the victims of the terrorist tragedy and the meeting was 
opened with the pledge of allegiance to the flag. 



• 



ORDER APPROVING SUPPLEMENTAL APPROPRI- 
ATION OF 5401,435 TO COVER FY02 COSTS 
OF COLLECTIVE BARGAINING AGREE- 
MENT WITH LOCAL 285, AFL-CIO (DOCKET 
NO. 10S9) 

The following was received: 

City of Boston 
Office of the Mayor 

September 18, 2001 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval a supplemental 
appropriation for Boston Community Centers, totaling 
$401,435 to cover the FY02 costs of the collective bar- 
gaining agreement with Local 285, SEIU, AFL-CIO. 
The FY01 cost of these increases will be covered by col- 
lective bargaining reserves established for that year. 

I respectfully request your favorable action on this 
important matter. 

Sincere'y, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered, That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
in the fiscall year commencing July 1, 2001 and ending 
June 30, 2002, the following sums be, and hereby are 
appropna'ed, said sums to be raised by taxation pursuant 
to Section 23 of Chapter 59 of the General Laws: 



Bos f on Commun'ty Centers 
2002-100-190100-51000 
2002-100-190200-51000 
2002-100-190300-51000 



$20,075 
$232,830 
$148,530 



On motion of Counci'or DAVIS-MULLEN, the rules 
were suspended; the order was passed. 



# 



ORDER AUTHORIZING ENVIRONMENT DEPART- 
MENT TO ACCEPT AND EXPEND GRANT OF 
$4,800 FOR PERIOD OF SEPTEMBER 9, 2000 
THROUGH SEPTEMBER 30, 2001 FROM 
MASSACHUSETTS HISTORICAL COMMIS- 
SION (DOCKET NO. 1090) 

The following was received: 

City of Boston 
Office of the Mayor 

September 6, 2001 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an order autho- 
rizing the Environment Department to accept and 



expend an amount not to exceed Forty Eight Hundred 
Dollars ($4,800) for the period of September 9, 2000 
through September 30, 2001 from the Massachusetts 
Historical Commission. 

The funds will be used as a component of the 3oston 
Landmarks Commission's FY00 con'ract of preparation 
of a National Register Nomination for the Clam Point 
Neighborhood in Dorchester, Phase I of a su r vey of 
Beacon Hill, and the design, printing and distribution of 
Exploring Boston's Neighborhoods Brochures. 

I urge your Honorable Body to pass this order as soon 
as possible so that the City may accept and expend these 
funds expeditiously. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered, ""hat the City of Bos'on, acting by and 
through the City's Environment Deparment, be, and 
hereby is authorized, in accordance with Section 53A of 
Chapter 44 of the Massachusetts General Laws, to 
accept and expend a grant in an amoun* not to exceed 
Forty Eight Hundred Dollars ($4,800) from the 
Massachusetts Historical Commission for the following 
projec's: as a component of the Boston Landmarks 
Commission's FY00 con f ract of preparation of a 
National Register Nomination for the Clam Point 
Neighborhood in Dorchester, Phase I of a survey of 
Beacon Hill, and the design, printing and distribution of 
Exploring Boston's Neighborhoods Brochures. 

On motion of Counci'or MURPHY, the rules were 
suspended; the order was passed. 



ORDER APPROVING COMPENSATING BALANCE 
AGREEMENT BY AND BETWEEN CITY 
AND CITIZENS BANK FOR PROVISION OF 
BANKING SERVICES (DOCKET NO. 1091) 

The following was received: 

City of 3oston 
Office of the Mayor 

September 10, 2001 
To the City Council. 
Dear Councillors: 

Under G.L. c. 44, s. 53F, the City is authorized to 
enter forma! "compensating balance" agreements with 
banking institutions for the provisions of banking ser- 
vices. Your approval of these agreements is required 
under that statute. 

In order to take advantage o f the considerable savings 
afforded through the use of such agreements, the 
Treasury Department conducted an extensive competi- 
tive bidding process that resulted in the agreement that 
accompanies this letter. 

Under the terms of the agreement, the City wi'l keep 
a specified, minimum ba'ance with the contracting bank 
as compensation for various specified services ren- 
dered. 

In order to rea'ize the greatest possible savings to the 
City, as well as to minimize any possible interruption of 
banking services to the City, I urge your prompt 
approval of this agreement. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered, """hat the agreement made under the provi- 
sions of General Laws Chap'er ^4, Section 53F, by and 
between the City of Boston and Citizens Bank of 
Massachusetts for the provision of Banking Services, in 
the form attached hereto, be and the same hereby is, 
approved. 



226 



CITY COUNCIL 



Referred to the Committee on Banking and 
Community Investment. 



ORDER APPROVING COMPENSATING BALANCE 
AGREEMENT BY AND BETWEEN CITY 
AND LIBERTY BANK AND TRUST FOR PRO- 
VISION OF BANKING SERVICES (DOCKET 
NO. 1092) 

The following was received: 

City of Boston 
Office of the Mayor 

September 10,2001 
To the City Council. 
Dear Councillors: 

Under G.L. c. 44, s. 53F, the City is authorized to 
enter formal "compensating balance" agreements with 
banking institutions for the provisions of banking ser- 
vices. Your approval of these agreements is required 
under that statute. 

In order to take advantage of the considerable savings 
afforded through the use of such agreements, the 
Treasury Department conducted an extensive competi- 
tive bidding process that resulted in the agreement that 
accompanies this letter. 

Under the terms of the agreement, the City will keep 
a specified minimum balance with the contracting bank 
as compensation for various specified services ren- 
dered. 

In order to realize the greatest possible savings to the 
City, as well as to minimize any possible interruption of 
banking services to the City, I urge your prompt 
approval of this agreement. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered, That the agreement made under the provi- 
sions of General Laws Chapter 44, Section 53F, by and 
between the City of Boston and Liberty Bank and Trust 
for the provision of Banking Services, in the form 
attached hereto, be and the same hereby is, approved. 

Referred to the Committee on Banking and 
Community Investment. 



ORDER APPROVING COMPENSATING BALANCE 
AGREEMENT BY AND BETWEEN CITY 
AND FLEET NATIONAL BANK FOR PROVI- 
SION OF BANKING SERVICES (DOCKET 
NO. 1093) 

The following was received: 

City of Boston 
Office of the Mayor 

September 10,2001 
To the City Council. 
Dear Councillors: 

Under G.L. c. 44, s. 53F, the City is authorized to 
enter formal "compensating balance" agreements with 
banking institutions for the provisions of banking ser- 
vices. Your approval of these agreements is required 
under that statute. 

In order to take advantage of the considerable savings 
afforded through the use of such agreements, the 
Treasury Department conducted an extensive competi- 
tive bidding process that resulted in the agreement that 
accompanies this letter. 

Under the terms of the agreement, the City will keep 
a specified minimum balance with the contracting bank 
as compensation for various specified services ren- 
dered. 

In order to realize the greatest possible savings to the 
City, as well as to minimize any possible interruption of 
banking services to the City, I urge your prompt 
approval of this agreement. 



Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered, That the agreement made under the provi- 
sions of General Laws Chapter 44, Section 53F, by and 
between the City of Boston and Fleet National Bank for 
the provision of Banking Services, in the form attached 
hereto, be and the same hereby is, approved. 

Referred to the Committee on Banking and 
Community Services. 



ORDER APPROVING COMPENSATING BALANCE 
AGREEMENT BY AND BETWEEN CITY 
AND CITIZENS BANK FOR PROVISION OF 
DIRECT DEPOSIT ACCOUNT SERVICES 
(DOCKET NO. 1094) 

The following was received: 

City of Boston 
Office of the Mayor 

September 10,2001 
To the City Council. 
Dear Councillors: 

Under G.L. c. 44, s. 53F, the City is authorized to 
enter formal "compensating balance" agreements with 
banking institutions for the provisions of banking ser- 
vices. Your approval of these agreements is required 
under that statute. 

In order to take advantage of the considerable savings 
afforded through the use of such agreements, the 
Treasury Department conducted an extensive competi- 
tive bidding process that resulted in the agreement that 
accompanies this letter. 

Under the terms of the agreement, the City will keep 
a specified minimum balance with the contracting bank 
as compensation for various specified services ren- 
dered. 

In order to realize the greatest possible savings to the 
City, as well as to minimize any possible interruption of 
banking services to the City, I urge your prompt 
approval of this agreement. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered, That the agreement made under the provi- 
sions of General Laws Chapter 44, Section 53F, by and 
between the City of Boston and Citizens Bank of 
Massachusetts for the provision of Direct Deposit 
Account Services, in the form attached hereto, be and 
the same hereby is, approved. 

Referred to the Committee on Banking and 
Community Investment. 



ORDER APPROVING COMPENSATING BLANCE 
AGREEMENT BY AND BETWEEN CITY 
AND EASTERN BANK FOR PROVISION OF 
BANKING SERVICES (DOCKET NO. 1095) 

The following was received: 

City of Boston 
Office of the Mayor 

September 10,2001 
To the City Council. 
Dear Councillors: 

Under G.L. c. 44, s. 53F, the City is authorized to 
enter formal "compensating balance" agreements with 
banking institutions for the provisions of banking ser- 
vices. Your approval of these agreements is required 
under that statute. 

In order to take advantage of the considerable savings 
afforded through the use of such agreements, the 
Treasury Department conducted an extensive competi- 



# 



SEPTEMBER 19,2001 



227 



tive bidding process that resulted in the agreement that 
accompanies this letter. 

Under the terms of the agreement, the City will keep 
a specified minimum balance with the contracting bank 
as compensation for various specified services ren- 
dered. 

In order to realize the greatest possible savings to the 
City, as well as to minimize any possible interruption of 
banking services to the City, I urge your prompt 
approval of this agreement. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered, That the agreement made under the provi- 
sions of General Laws Chapter 44, Section 53F, by and 
between the City of Boston and Eastern Bank for the 
provision of Banking Services, in the form attached 
hereto, be and the same hereby is, approved. 

Referred to the Comittee on Banking and 
Community Investment. 



• 



ORDER APPROVING COMPENSATING BALANCE 
AGREEMENT BY AND BETWEEN CITY 
AND SOVEREIGN BANK FOR PROVISION 
OF CREDIT/DEBIT CARD BANKING SER- 
VICES (DOCKET NO. 1096) 

The following was received: 

City of Boston 
Office of the Mayor 

September 10, 2001 
To the City Council. 
Dear Councillors: 

Under G.L. c. 44, s. 53F, the City is authorized to 
enter formal "compensating balance" agreements with 
banking institutions for the provisions of banking ser- 
vices. Your approval of these agreements is required 
under that statute. 

In order to take advantage of the considerable savings 
afforded through the use of such agreements, the 
Treasury Department conducted an extensive competi- 
tive bidding process that resulted in the agreement that 
accompanies this letter. 

Under the terms of the agreement, the City will keep 
a specified minimum balance with the contracting bank 
as compensation for various specified services ren- 
dered. 

In order to realize the greatest possible savings to the 
City, as well as to minimize any possible interruption of 
banking services to the City, I urge your prompt 
approval of this agreement. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered, That the agreement made under the provi- 
sions of General Laws Chapter 44, Section 53F, by and 
between the City of Boston and Sovereign Bank for the 
provision of Credit/Debit Card Banking Services, in the 
form attached hereto, be and the same hereby is, 
approved. 

Referred to the Committee on Banking and 
Community Investment. 



# 



ORDER APPROVING ISSUANCE OF TAX-EXEMPT 
BONDS IN PRINCIPAL AMOUNT NOT TO 
EXCEED $32,000,000 FROM BOSTON 
INDUSTRIAL DEVELOPMENT FINANCING 
AUTHORITY (BIDFA) FOR INDUSTRIAL 
DEVELOPMENT PROJECT FOR CROSS- 
TOWN CENTER HOTEL LLC AND AFFILI- 
ATE OF CROSSTOWN ASSOCIATES LLC 
(DOCKET NO. 1097) 



The following was received: 

City of Boston 
Office of the Mayor 

September 4, 2001 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an order to 
approve the issuance of a tax-exempt bond(s) in a prin- 
cipal amount not to exceed $32,000,000. The Boston 
Industrial Development Financing Authority (BlDFA)'s 
Board of Directors, acting pursuant to the provisions of 
Chapter 40D of the Massachusetts General Laws, as 
amended, adopted a favorable resolution with respect to 
financing a hotel, with accessory retail and commercial 
space to be owned by Crosstown Center Hotel LLC, an 
affiliate of CROSSTOWN ASSOCIATES, LLC, (the 
"Company"). 

It is proposed that the City approve (i) a project to be 
located on an approximately 6.7 acre site at 20 
Hampden Street, Boston (Roxbury), Massachusetts 
021 19 and consisting generally of the construction of a 
175 room, 96,000 square foot hotel, with approximately 
11,500 square feet of accessory retail and commercial 
space and (ii) the funding of a debt service reserve fund 
with respect to the bonds(s) and (iii) authorize the 
financing of costs of issuance by BIDFA. 

I urge your Honorable Body to pass this order as 
expeditiously as possible so that this important project 
may proceed as described. 

Respectfully, 

Thomas M. Menino, 
Mayor of Boston. 



BE IT ORDERED THAT: 

Section 1. Declarations. The City of Boston (the 
"City") declares as follows: 

1 .1. The City acting by and through its Industrial 
Development Financing Authority (the "Authority") is 
empowered to assist in the financing of industrial devel- 
opment facilities through the issuance of industrial rev- 
enue bonds pursuant to Massachusetts General Laws 
Chapter 40D, as amended (the "Act"). 

1.2. Crosstown Associates, LLC (the "Borrower", 
which term includes in this resolution any parent, sub- 
sidiary or other affiliate thereof) has proposed the 
financing by the City of certain industrial development 
facilities (the "Project") consisting generally of an 
approximately 175-room hotel and approximately 
11,500 square feet of accessory retail, restaurant and 
commercial space located at the intersection of 
Massachusetts Avenue and Melnea Cass Boulevard in 
Roxbury. 

1.3. The Borrower has represented that the estimated 
cost of the Project is approximately $37,320,000 and has 
requested the City to issue not more than $32,000,000 of 
industrial revenue bonds under the Act to finance the 
Project. 

1.4. The Borrower has indicated its willingness to 
finance any costs of the Project in excess of 
$32,000,000. 

1.5. The Authority has approved the Project and the 
estimated cost thereof and has recommended that the 
City finance the Project by bonds issued pursuant to the 
Act. 

1.6. The financing of the Project under the provisions 
of the Act appears feasible. 

1.7. A public hearing relating to the proposed 
issuance of industrial revenue bonds was held on 
September 4, 2001, pursuant to a notice published in the 
Boston Globe on August 20, 2001. 

Section 2. Approval. In accordance with Section 
12(1) of the Act the City approves the Project, the esti- 
mated cost thereof and the financing thereof by indus- 
trial revenue bonds to be issued by the City pursuant lo 
the Act. Such bonds shall not constitute a general oblig- 
ation of the City or the Authority nor a pledge o( the 
faith and credit of the City or the Authority but shall be 



228 



CITY COUNCIL 



payable solely from the revenues pledged for their pay- 
ment in accordance with the Act. 

Section 3. Effective Date. This order shall take effect 
upon its adoption. 

Referred to the Committee on Economic 
Development. 



COMMUNICATION FROM SALLY D. GLORA, 
AUDITOR, RE: TRANSFERS FOR PURPOSE 
OF CLOSING ACCOUNTS (DOCKET NO. 
1098) 

Communication was received from Sally D. Glora, 
Auditor, re: transfers for the Purpose of Closing 
Accounts. 

Placed on Hie. 



APPROVAL OF CONSTABLES' BONDS (DOCKET 
NO. 1099) 

The Constables' Bonds of the following, having been 
duly approved by the Collector-Treasurer, were received 
and approved: 



Leo C. Boucher Jr. 
James P. Buttiglieri 
Francis Cappuccio 
Sheila J. Cavaleri 
Robert Chan 
Lesley S. Christos 
John J. Connors 
Carol Conroy 
Shawn F. Croke 
Evangeline Maxwell-Davis 
Alfonso Denson Jr. 
Joseph R. Dorato 
Iris Figueroa 
Joseph T. Fitzmaurice 
William F. Grady 
Jason R. Grant 
Joshua S. Handley 
Regina Hanson 
James T. Homes Jr. 
Raoul Jac.ues 



Tony Jones 
Edward M. Kennedy 
Peter F. Kenny 
Binh W. (Tina) Lam 
Harrison J. Lee 
Allen T. Major 
Christopher McNally 
Paul T. Nally Jr. 
Steven G. O'Donnell 
Brian Oliven 
John Powers 
Leonard F. Puccia 
William F. Reane 
Julia M. Scott 
Samuel Spiegel 
Marta Suarez 
Paul A. Titus 
Charles D. Trainito 
Linda J. Walsh 
William Junior 
Terrance L. Yancey 



ORDER APPROVING SUPPLEMENTAL APPROPRI- 
ATION OF $343,736.00 TO COVER FY02 
COSTS IN PU3LIC HEALTH COMMISSION 
OF COLLECTIVE BARGAINING AGREE- 
MENT WITH LOCAL 285, SEIU, AFL-CIO, 
PU3LIC HEALTH NURSES (DOCKET NO. 
1019) 

Councilor DAVIS-MULLEN called Docket No. 1019 
from the Committee on Government Operations. 

No objection beinj; heard, the matter was before the 
body. 

On motion of Councilor DAVIS-MULLEN, the 
order was passed. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1100) 

Councilor YANCEY offered the following: 

Ordered, That effective Saturday, September 15, 
2001, the following named person be. and hereby is, 
appointed to the position set against their name until 
Friday, November 2, 2001: 

Cheryl Morris, Secretary, $120.00, part time. 

Passed under suspension of the rules. 



ORDER FOR HEARING RE: AMTRAK'S OPERA- 
TION OF MBTA COMMUTER RAIL SYSTEM 
(DOCKET NO. HOI) 

Councilor TURNER offered the following: 

Whereas, On February 22, 2000, a consent decree 
was entered into by the National Railroad Corporation 
("Amtrak") and the Plaintiffs in a case alleging racial 
discrimination; and 

Whereas, This agreement detailed a set of procedures 
to remedy the hiring of managers in the Amtrak system; 
and 

Whereas, This agreement affects the policies of the 
MBTA commuter rail division as long as the MBTA 
contracts this service to Amtrak as it does today; and 

Whereas, There has been no public report to date on 
how the consent decree has influenced the hiring of peo- 
ple of color in Amtrak's operation of the MBTA com- 
muter rail system, THEREFORE BE IT 

Ordered, That a hearing be held before the appropri- 
ate committee of the Boston City Council to ascertain: 

1) The numbers of people of color hired in manage- 
ment in each division of the MBTA commuter rail sys- 
tem since the consent decree; 

2) The number of Whites hired in management in 
each division of the MBTA since the consent decree; 

3) The percentage of people of color hired as man- 
agers since the consent decree in each division; 

4) The percentage of Whites hired as managers since 
the consent decree in each division; and 

5) The evaluation of performance to date under the 
consent decree, and BE IT FURTHER 

Ordered, That Kevin Lydon, General Manager of the 
MBTA Commuter Rail Division of Amtrak and Robert 
Prince, General Manager of the MBTA be invited to 
answer questions pertaining to hiring and other ques- 
tions appropriate for evaluating the progress in imple- 
menting the Amtrak MBTA Commuter Rail Consent 
Decree. 

Referred to the Committee on State and Federal 
Relations. 



ORDER FOR HEARING TO EXAMINE MBTA BLUE 
LINE MODERNIZATION PROGRAM 
(DOCKET NO. 1102) 

Councilor SCAPICCHIO offered the following: 

Whereas, The MBTA Blue Line Modernization 
Program includes improvements to Maverick, Airport, 
and Orient Heights "T" Stations, and 

Whereas, These improvements include streetscape 
and traffic circulation benefits, reconfigured head- 
houses and sidewalks, and a reauction of the impacts on 
abutters, and 

Whereas, These enhancements will allow riders, 
pedestrians, buses, and other vehicles to move more 
efficiently and safely, and 

Whereas, These improvements are integral to support 
economic development in East Boston, to reinforce the 
existing commercial and business centers, and to 
improve access to and from the waterfront, and 

Whereas, The timeframe for completion of these pro- 
jects, particularly the Maverick Station improvements, 
has been pushed back for unknown reasons and in dis- 
regard of prior commitments to the community, until 
2008, therefore be it 

Ordered, That the Boston City Council hold a public 
hearing to examine the MBTA 31ue Line Modernization 
Program, including its funding, its schedule, and its 
public process and that the appropriate administrators of 
the MBTA be invited to testify 

Referred to the Committee on Transportation. 



SEPTEMBER 19, 2001 



229 



♦ 



ORDER FOR HEARING TO EXAMINE BOSTON 
REDEVELOPMENT AUTHORITY'S PLAN 
FOR REDEVELOPMENT OF SARGENTS 
WHARF (DOCKET NO. 1 103) 

Councilor SCAPICCHIO offered the following: 

Whereas, Parcel B-3 in the Downtown 
Waterfront/Faneail Hall Urban Renewal Area, known as 
Sargents Wharf, is the last remaining publicly owned 
waterfront site along the downtown inner Harbor, and 

Whereas, The 1934 Harborwalk Plan and Interim 
Planning Overlay District established guidelines that 
leverage the economic attractiveness of waterfront 
development to secure public benefits and improve 
Boston's quality of life, and 

Whereas, Sargents Wharf directly adjoins Boston's 
historic North End residential neighborhood, and 

Whereas, A large number of North End community 
meetings resulted in a mandate from residents to create 
affordable housing, and 

Whereas, Afforcable housing on Sargents Wharf 
would insure that the North End community benefits 
from the Harborpark Plan, and 

Whereas, Potential sites for constructing such hous- 
ing are severely limited, and 

Whereas, Linkage funds are available to develop this 
site and other sources of funding could become avail- 
able with a strong effort to address the critical need for 
affordable housing, therefore be it 

Ordered, That the Boston City Council hold a hearing 
to examine the Boston Redevelopment Authority's plan 
for redevelopment of Sargents Wharf and that the appro- 
priate staff of the B.R.A. be invited to testify. 

Referred to the Committee on Economic 
Development. 



Referred to the Committee on Housing. 



ORDER RE: EXECUTIVE ORDERS AND AFFORD- 
ABLE HOUSING ^DOCKETNO 1104) 

Councilor KELLY offered the following: 

Whereas, The mayor's executive order of February 29, 
2000, "An Order Relative to Affordable Housing" 
directs that "any resioential development project, under- 
taken or financed by any agency of the City of Boston, 
or to be developed on property owned by the City of 
Boston that proposes to include ten or more units of 
housing, shall require that no less than ten percent 
(10%) of those ur.its be made affordable to moderate- 
income and middle-income households . . ."; and 

Whereas, The same executive oraer further directs 
that "any proposed residential development project that 
proposes to include ton or more units of housing, and 
that requires relief from the requirements of the Boston 
Zoning Code, shall require, as a condition to the grant, 
approval or adoption of such zoning relief, that no less 
that ten percent (10%) ofthose units be made affordable 
to moderate income and middle income households. . ."; 
and 

Whereas, The mayor's executive order of October 7, 
1 999 speaks of deed restrictions and covenants on gov- 
ernment subsidized housing; and 

Whereas, The same executive order calls for CHAPA 
(Citizen's Housing and Planning Association, Inc) to 
work with the BRA and the DND to complete, within a 
few months, an up to date inventory of housing units 
having deed restrictions; and 

Whereas, A third mayoral order exists that requires 
20% of new housing being built on the South Boston 
waterfront to be affordable; be it therefore 

Ordered, That a public hearing be held to discuss the 
effect these executive orders are having on the current 
housing crisis, the definition of affordable, the number 
of neighborhood families that have benefited from these 
policies, as well as other issues of concern, and that the 
appropriate representatives of the mayor's office be 
invited to testify. 



ORDER FOR HEARING RE; EMERGENCY PRE- 
PAREDNESS PLANNING OF AREA HOSPI- 
TALS AND OTHER HEALTH CARE AGEN- 
CIES (DOCKET NO. 1105) 

Councilors KELLY and ROACHE offered the 
following: 

Whereas, As a result of the recent acts of terrorism in 
New York and Washington, major cities across the 
nation have begun reviewing contingencies for emer- 
gencies that could arise because of similar type assaults 
on the civilian population; and 

Whereas, A report in the Wall Street Journal of 
September 18, 2001 stated that intelligence experts in 
Washington D.C. gathered to evaluate our nation's pre- 
paredness to respond to chemical and biological warfare 
launched against civilian populations, and what they 
found was disturbing; and 

Whereas, A study of 200 hospitals found that only 
one in five had prepared contingency plans for response 
to the use of biological weapons, less than half of that 
number contained decontamination units, and less than 
a third stocked any antidote for known chemical agents 
to address a crisis such as the 1995 Tokyo subway 
attack. Worse, only 12% of the hospitals monitored in 
the study bothered to keep a supply of selfcontained 
breathing gear for attending physicians; and 

Whereas, Recent emergency tests conducted in dif- 
ferent counties across America showed that in a simu- 
lated release of "Yersinia pestis", the Black Plague 
virus, and in another simulated release of a small 
amount of smallpox, thousands became infected, many 
more thousands died, there was a critical lack of hospi- 
tal beds, and meuical supplies were exhausted before all 
who needed assistance were treated; and 

Whereas, The time to prepare for such emergencies is 
before they occur; therefore be it 

Ordered, That the Boston City Council conduct a pub- 
lic hearing to seek information from local hospitals and 
city agencies regarding Boston's state of preparedness 
for emergencies arising from any disaster, man made or 
otherwise, and that representatives from the police, fire, 
public health, environmental, transportation and public 
works departments, be invited to attend to advise 
whether there is a systemic emergency plan in place to 
treat and evacuate 3oston residents in tne event of ter- 
rorist attacks or natural disasters. 

Referred to the Coti.iinttee on Public Health. 



LATE-FILED MATTERS 

The Chair stated that, in absence of objection, 2 late- 
filed matters would be added to the Agenda. 

No objection bein^ heard, the following matters were 
added: 

APPO.NTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1113) 

Councilor YANCEY offered the following: 

Ordered, That effective Wednesday, September 26, 
2001, the following named person be, and hereby is, 
appointed to the position set against their name until 
Friday, November 30, 2001 : 

Gregg A. Tivnan, Assistant Budget Director, $942.31, 
full time. 

Passed under suspension of the rules. 



ORDER FOR HEARING TO FACILITATE BROAD 
POLICY DISCUSSION AND MAKE SPECIFIC 



230 



CITY COUNCIL 



RECOMMENDATIONS TO REFORM MASS- 
PORT'S STRUCTURE TO MORE EFFEC- 
TIVELY MEET ITS MANDATE TO MANAGE 
LOGAN AIRPORT WHILE PROMOTING 
ECONOMIC DEVELOPMENT (DOCKET NO. 
1114) 

Councilors HENNIGAN, DAVIS-MULLEN, 
FEENEY, KELLY, SCAPICCHIO, MURPHY, 
HONAN, TURNER and ROACHE offered the follow- 
ing: 

Whereas, On September 11, 2001, two commercial 
passenger jets were hijacked from Logan International; 
and 

Whereas, The Massachusetts Port Authority (MASS- 
PORT) was created by the state legislature nearly 50 
years ago in 1956; and 

Whereas, It appears that Massport's mission has 
grown too broad for it to adequately safeguard the flying 
public and promote economic opportunities in Boston; 
and 

Whereas, Those living, visiting and working within 
the City of Boston, as the capital city of the 
Commonwealth and port of entry for many immigrants, 
tourists and goods are greatly dependent upon Logan 
International Airport and the city's ports for their safety 
and economic well-being; and THEREFORE BE IT 

Ordered, That the Economic Development 
Committee of the Boston City Council hold a hearing to 
facilitate a broad policy discussion and make specific 
recommendations to reform Massport's structure to 
more effectively meet its mandate to manage Logan 
Airport while promoting economic development. 

Referred to the Committee on Transportation. 



STATEMENT OF COUNCILOR SCAPICCHIO 

Having unanimous consent to do so, Councilor 
Scapicchio asked to speak on Docket No. 1 102 because 
he was not present earlier in the meeting due to a 
funeral. 



STATEMENT OF COUNCILOR HENNIGAN 

Having unanimous consent to do so, Councilor 
Hennigan spoke on linkage agreements and her desire to 
deal with the issue which will hopefully be on the 
agenda next week. 



STATEMENT OF COUNCILOR DAVIS-MULLEN 

Having unanimous consent to do so, Councilor 
Davis-Mullen agreed that the issue of linkage agree- 
ments should be dealt with as soon as possible and 
thought it would greatly affect the voting on the refer- 
endum questions at the elections next week. 



STATEMENT OF COUNCILOR CONLEY 

Having unanimous consent to do so, Councilor 
Conley asked when we adjourn today we do so in mem- 
ory of Mark Bavis who was a victim of the terrorist 
tragedy on Flight 1 1. He stated although we adjourned 
last week in memory of all victims, Mark was a friend 
of many of the Councilors. 



STATEMENT OF COUNCILOR MURPHY 

Having unanimous consent to do so, Councilor 
Murphy asked that when we adjourn today we do so in 
memory of James Edward "Eddie" Phalen who was a 

fixture at the State House for many, many years. 



STATEMENT OF COUNCILOR ROSS 

Having unanimous consent to do so, Councilor Ross 
asked when we adjourn today we do so in memory of 
Richard Ross, who is no relation but a good friend who 
also lost his life in the terrorist tragedy last week. 



STATEMENT OF COUNCILOR SCAPICCHIO 

Having unanimous consent to do so, Councilor 
Scapicchio wanted to add his sentiments on the death of 
Mark Bavis. 



STATEMENT OF PRESIDENT YANCEY 

President Yancey stated that last week was a difficult 
time for everyone from the strike in New York, and he 
said the terrorists performed a function in a strange way 
and that was to unify this country. 

He also wanted to adjourn in memory of Manuel 
Duvol, the son of Dr. Moia of the Boston Medical 
Service. 



CONSENT AGENDA 

The Chair moved adoption of a Consent Agenda in 
which the following-named Councilors offered resolu- 
tions of a condolence or congratulatory nature as set 
forth after each Councilor's name: 

Councilor Roache: Congratulating Michael J. 
Horvath, Sr. (Docket No. 1 106). 

Councilor Kelly: Declaring September 16, 2001 
"But-Fan Chan Day" (Docket No. 1 107). 

Councilor Feeney: Congratulating Mike Mackan 
(Docket No. 1108). 

Councilors Yancey and Turner: Congratulating Most 
Worshipful Grand Master Walter R. Butler III (Docket 
No. 1109). Congratulating Sarah Greenwood 
Elementary School (Docket No. 1110). 

Councilor Kelly: Congratulating Leo Comeau 
(Docket No. 1111). Declaring September 17, 2001 "Gin 
Soon Chu Day" (Docket No. 1112). 

The matters contained within the Consent Agenda 
were severally adopted. 



Adjourned at 1 :20 p.m., in memory of Mark Bavis, 
James Edward "Eddie" Phalen, Richard Ross, Manuel 
Duvol and the thousands who died in the terrorist 
tragedy on Tuesday, September 1 1 , to meet again on 
Wednesday, September 26, 2001 at 12:00 noon. 



Note: All debate of City Council eliminated from 
proceedings in accordance with Chapter 447, Acts of 
1947. 



CITY OF BOSTON • GRAPHIC ARTS DEPARTMENT • 



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231 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, September 26, 2001 
Regular meeting of the City Council held in the 
Christopher A. Iannella Council Chamber, City Hall, at 
2:10 p.m., President YANCEY in the Chair and all 
members present. 



INVOCATION 

Sister Maria Ignazia Bunan delivered the invocation, 
and the meeting was opened with the pledge of alle- 
giance to the flag. 



• 



# 



ORDER APPROVING PETITION FOR SPECIAL 
LAW RE: ACT AUTHORIZING CERTAIN 
AMENDMENTS TO HOUSING AND 
EMPLOYMENT EXACTION REQUIRE- 
MENTS (LINKAGE) WITH RESPECT TO 
LARGE-SCALE COMMERCIAL REAL 
ESTATE DEVELOPMENT (DOCKET NO. 
1115) 

The following was received: 

City of Boston 
Office of the Mayor 

September 17, 2001 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an act relating to 
certain amendments to the housing and job exaction 
requirements (linkage) with respect to large-scale com- 
mercial real estate development. 

The attached act would amend Chapter 371 of the 
Acts of 1987 to allow the zoning commission to retroac- 
tively increase the measured value of the affordable 
housing exaction and the employment exaction imposed 
on large-scale commercial real estate development by 
the percent increase in the combined index and the per- 
cent increase in the consumer price index for urban 
wage earners and clerical workers, respectively, for the 
period since the enactment of Chapter 371; provided 
however, that the measured value of the affordable hous- 
ing exaction shall be set at no more than seven dollars 
and eighteen cents, and the employment exaction shall 
be set at no more than one dollar and forty-four cents. 

The measured value of the affordable housing exac- 
tion and the employment exaction was increased only 
once since the effective date of Chapter 371 (which 
occurred on October 5, 1987), and in that instance only 
by the amount permitted. Despite that important but 
limited increase, the measured value of the exactions 
have lagged behind the general economic welfare of the 
commonwealth, and the cost of housing and job training 
has increased faster than the rate of increase in inflation 
and the consumer price index. This amendment would 
put the measured value of the exactions on a par with 
current market values. 

In addition to this increase, the act would require the 
zoning commission to adjust the pay period for the 
affordable housing exaction from commercial real estate 
development occurring in the neighborhoods to the pay 
period for the downtown area. Currently developments 
in the downtown pay affordable housing exaction over 
seven years, while developments in the neighborhoods 
pay over twelve years. Since the affordable housing 
exaction applies only to large-scale non-residential 
development, the impact of such development is compa- 
rable regardless of location and the differences between 
the downtown and the neighborhoods should be mini- 
mized. Through retention of the potential two-year delay 
in the payment start, neighborhood developers can con- 
tinue to pay affordable housing exactions out of operat- 



ing costs, while increasing the value of dollars received 
by the Neighborhood Housing Trust. It has been deter- 
mined that decreasing the payment period for the afford- 
able housing exaction would result in no nominal cost 
increases to a developer, but would increase the value of 
affordable housing exaction dollars for housing. 

This home rule petition contains language further 
articulating the unique nature of largescale development 
and the subsequent unique regulation of them. Part of 
this language calls on the zoning commission to include 
the same recognition within the Boston zoning code. 

Finally, this home rule petition will also further 
define mitigation of development impacts as they are 
addressed within the zoning code. 

I urge the City Council to pass this act as expedi- 
tiously as possible so that the City can increase the 
amounts being contributed toward the creation of 
affordable housing in the city and job training to low and 
moderate income residents in the city through exactions 
on large-scale real estate development. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered, That a petition to the General Court, accom- 
panied by a bill for a special law relating to the City of 
Boston to be filed with an attested copy of this order be, 
and hereby is, approved under clause (1) of Section 
eight of Article two, as amended, of the Amendments to 
the Constitution of the Commonwealth of 
Massachusetts, to the end that legislation be adopted 
precisely as follows, except for clerical or editorial 
changes of form only: 

Whereas, The General Court finds and declares that a 
serious public emeigency exists in the City of Boston 
with respect to the housing and also the employment of 
a substantial number of the citizens of said city, as fur- 
ther described below; and 

Whereas, There is not an adequate supply of afford- 
able housing for low and moderate income residents of 
the city; and 

Whereas, The construction of new large-scale com- 
mercial real estate developments as defined in Chapter 
37 1 of the Acts of 1 987 attracts new residents to the city 
of Boston; and 

Whereas, The influx of residents caused by new 
large-scale commercial real estate developments 
increases the demand for housing in the city of Boston; 
and 

Whereas, The increased demand for housing in the 
city of Boston raises the price of such housing; and 

Whereas, There are material differences between new 
large-scale commercial real estate developments and 
other development projects in the city of Boston; and 

Whereas, Smaller development projects do not affect 
the cost of housing to the extent of new largescale com- 
mercial real estate developments in the city of Boston; 
and 

Whereas, New large-scale commercial real estate 
developments are classified differently than other devel- 
opments projects under the city of Boston zoning code; 
and 

Whereas, In order to supply affordable housing for 
low and moderate income residents in the city in con- 
junction with the construction of new large-scale com- 
mercial real estate developments, an act was adopted by 
the General Court as Chapter 371 of the acts of 1987, 
which imposed an obligation on large-scale commercial 
real estate developments to mitigate their adverse 
impacts on the availability of such affordable housing 
by making development impact project exactions to pro- 
vide revenue to meet the public exigency of the provi- 
sion of affordable housing in the city; and 

Whereas, Section 16 of Chapter 371 of the acts of 
1987 provides that the measured value of the affordable 
housing exaction to be imposed is to be determined on 
the basis of a fixed dollar amount per square foot of 
gross floor area devoted to exaction uses in excess of 



232 



CITY COUNCIL 



one hundred thousand square feet of gross floor area 
devoted to exaction uses, exclusive in both cases of all 
accessory parking garage space, as determined by the 
zoning commission of the city upon recommendation by 
the Boston Redevelopment Authority, and further pro- 
vides that the zoning commission of the city is autho- 
rized to increase said measured value three years after 
the effective date of Chapter 371 and no more frequently 
than at three year intervals thereafter, but any such 
increase shall not exceed the percent of the increase in 
the combined index for the prior thirty-six month 
period; and 

Whereas, The measured value of the affordable hous- 
ing exaction was set at five dollars per square foot upon 
the effective date of Chapter 371 of the acts of 1987 and 
has been increased only once since then to five dollars 
and forty-nine cents per square foot; and 

Whereas, Chapter 371 of the acts of 1987 sets forth 
the payment period for the affordable housing exaction 
as further set forth in Articles 26 and 26 A of the Boston 
zoning code; and 

Whereas, Article 80, Section 80-5 sets forth the 
applicability of Article 80 with respect to its predeces- 
sors Article 26 and 26A, in particular, that Section 80B- 
7 of said Article 80 supersedes such Articles 26 and 
26A; and 

Whereas, Article 80, Section 80B-7(4)(a)(iii) sets 
forth that the affordable housing exaction for develop- 
ments in the neighborhoods shall be paid in twelve (12) 
equal annual installments beginning on the earlier of the 
issuance of the certificate of occupancy for the proposed 
project, and twenty-four (24) months after issuance of 
the building permit for the proposed project; and 

Whereas, There is a not an adequate supply of 
employment opportunities for low and moderate income 
residents of the city; and 

Whereas, The construction of new large-scale com- 
mercial real estate developments in the city tends to 
increase competition for jobs for which low and moder- 
ate income residents of the city are qualified; and 

Whereas, In order to supply job opportunities to low 
and moderate income residents in the city in conjunction 
with the construction of new large-scale commercial 
real estate developments, Chapter 371 of the acts of 
1987 also imposed an obligation on large-scale com- 
mercial real estate developments to mitigate their 
adverse impacts on the availability of such employment 
opportunities by making an employment exaction to 
provide revenue to meet the public exigency of the pro- 
vision of job training for low and moderate income res- 
idents of the city; and 

Whereas, Section 17 of Chapter 371 of the acts of 
1987 provides that the measured value of the employ- 
ment exaction to be imposed is to be detennined on the 
basis of a fixed dollar amount per square foot of gross 
floor area devoted to exaction uses in excess of one hun- 
dred thousand square feet of gross floor area devoted to 
exaction uses, exclusive in both cases of all accessory 
parking garage space, as determined by the zoning com- 
mission of the city upon recommendation by the Boston 
Redevelopment Authority, and further provides that the 
zoning commission of the city is authorized to increase 
said measured value three years after the effective date 
of Chapter 371 and no more frequently than at three year 
intervals thereafter, but any such increase shall not 
exceed the percent of the increase in the CPI-W for the 
prior thirty-six month period; and 

Whereas, The measured value of the employment 
exaction was set at one dollar per square foot upon the 
effective date of Chapter 371 ofthe acts of 1987 and has 
been increased only once since then to one dollar and 
nine cents per square foot; and 

Whereas, The City of Boston is currently in the midst 
of a "hot" real estate and economic market in which the 
cost of housing and job training has increased faster 
than the rate of increase in inflation and the consumer 
price index, now, therefor be it enacted as follows: 



Section 1: Chapter 371 ofthe acts of 1987, Section 16 
is hereby amended by deleting the sentence which 
begins "The payment period of the affordable housing 
exaction" and ends "shall not be altered by subsequent 
regulation" in its entirety and in its place the following 
language is inserted: 

"The payment period of the affordable housing exac- 
tion shall be seven years as set forth in the Boston zon- 
ing code, such payment period to begin on the initial 
payment date set forth in Article 26A as of November 
first, nineteen hundred and eighty-six, and any such 
period shall not be altered by subsequent regulation." 

Section 2: Section 16 of chapter 371 ofthe Acts of 
1987 is hereby amended by inserting at the end ofthe 
first paragraph the following: "Such regulations shall 
provide that the zoning relief necessary to build such 
new large-scale commercial real estate developments is 
distinct from any other such relief granted under the 
provisions ofthe zoning code." 

Section 3: Chapter 371 ofthe acts of 1987 is hereby 
amended by inserting after Section 16 thereof the fol- 
lowing new Section 16 A: 

"Section 16A. Notwithstanding any general or spe- 
cial law to the contrary, the zoning commission shall be 
authorized to increase the measured value ofthe afford- 
able housing exaction by the percent of the increase in 
the combined index for the period commencing as ofthe 
effective date of Chapter 371 ofthe acts of 1987 and 
ending as of the most recent anniversary date of such 
effective date occurring prior to the enactment of this 
act, notwithstanding that such period is in excess ofthe 
thirty-six month period described in Section 16; pro- 
vided, however, that the zoning commission shall not be 
authorized to set the measured value of the affordable 
housing exaction, for the period described above, at 
more than seven dollars and eighteen cents per square 
foot of gross floor area devoted to exaction uses in 
excess of one hundred thousand square feet devoted to 
exaction uses, exclusive in both cases of all accessory 
parking garage space. No such increase shall apply to 
any new large-scale commercial real estate development 
for which an application for a conditional use permit, 
exception, zoning map or text amendment or variance 
has been filed with the appropriate governmental 
authority prior to the effective date of such increase or 
for which an application for a planned development area 
has been filed with the BRA prior to the effective date 
of such increase, whichever occurs first" 

Section 4: Section 17 of chapter 371 of the Acts of 
1987 is hereby amended by inserting at the end ofthe 
first paragraph the following: "Such regulations shall 
provide that the zoning relief necessary to build such 
new large-scale commercial real estate developments is 
distinct from any other such relief granted under the 
provisions ofthe zoning code." 

Section 5: Chapter 371 ofthe acts of 1987 is hereby 
amended by inserting after Section 17 thereof the fol- 
lowing new Section 17 A: 

"Section 17 A. Notwithstanding any general or special 
law to the contrary, the zoning commission shall be 
authorized to increase the measured value of the 
employment exaction by the percent ofthe increase in 
the CPI-W for the period commencing as of the effec- 
tive date of Chapter 371 ofthe acts of 1987 and ending 
as of the most recent anniversary date of such effective 
date occurring prior to the enactment of this act notwith- 
standing that such period is in excess of the thirty-six 
month period described in Section 17; provided, how- 
ever, that the zoning commission shall not be authorized 
to set the measured value of the employment exaction, 
for the period described above, at more than one dollar 
and forty-four cents per square foot of gross floor area 
devoted to exaction uses in excess of one hundred thou- 
sand square feet devoted to exaction uses, exclusive in 
both cases of all accessory parking garage space. No 
such increase shall apply to any new large scale com- 
mercial real estate development for which an application 
for a conditional use permit, exception, zoning map or 



I 



SEPTEMBER 26, 2001 



233 



• 



• 



text amendment or variance has been filed with the 
appropriate governmental authority prior to the effective 
date of such increase or for which an application for a 
planned development area has been filed with the BRA 
prior to the effective date of such increase, whichever 
occurs first." 

Section 6: Subsection (a) of section 18 of chapter 371 
of the Acts of 1987 is hereby amended by inserting at 
the end of the first paragraph the following: "Such reg- 
ulations shall provide that the zoning relief necessary to 
build such new large-scale commercial real estate devel- 
opments is distinct from any other such relief granted 
under the provisions of the zoning code." 

Section 7: Chapter 371 of the Acts of 1987 is hereby 
amended by inserting at the end thereof the following 
new section: 

"Section 21. When used in this section, the following 
terms shall, unless the context requires otherwise, have 
the following meanings: 

"Impact," a significant effect on the public health, 
safety, convenience and welfare of the inhabitants of a 
section or sections of the city of Boston. 

"Impacted area," the section or sections of the city of 
Boston that are being impacted by a development pro- 
ject. 

"Mitigation," specific enhancements, projects, pro- 
grams or financial contributions made by a developer to 
limit any adverse impact caused by a real estate devel- 
opment on an impacted area. 

Notwithstanding the provisions of any general or spe- 
cial law or rule to the contrary, in the city of Boston the 
zoning commission shall adopt zoning regulations or 
amendments thereto for the purpose of mitigating the 
adverse impact of any new real estate development on 
the public health, safety, convenience, and welfare of its 
inhabitants, including, but not limited to, the transporta- 
tion network, environment, urban design components, 
or historic resources in the city of Boston. Such regula- 
tions shall provide that, with respect to new real estate 
development, any approval or relief granted under the 
provisions of the zoning code, existing or as amended, 
including without limitation the granting of a condi- 
tional use permit, exception, zoning map or text amend- 
ment or variance, shall be conditioned upon action, or 
promised action, by the developer seeking to obtain 
such relief, to undertake measures, as required by the 
BRA, to mitigate, limit, or minimize any such impact 
within the city. 

After the developer has submitted to the BRA formal 
notification of a development project subject to Article 
80 of the Boston zoning code, the BRA staff shall con- 
duct a public meeting to assess the boundaries of the 
area impacted by the new real estate development. 
Nothing herein shall be interpreted to require the BRA 
to limit the area impacted within the city. BRA staff 
shall hold at least one public meeting in that area to dis- 
cuss for the purpose of determining the mitigation nec- 
essary to limit, minimize, or otherwise mitigate, any 
adverse impact caused by the new real estate develop- 
ment. The Boston zoning board of appeal or the zoning 
commission shall not grant zoning relief to real estate 
development subject to Article 80 of the Boston zoning 
code until the BRA has issued a written document spec- 
ifying the required mitigation. The document shall be a 
public record. Notwithstanding the provisions of any 
general or special law or rule to the contrary the BRA 
shall not delegate its authority to conduct such public 
meetings or to require such mitigation to any other per- 
son or entity." 

Section 8: The Boston zoning commission is hereby 
authorized to adopt such regulations or rules as will 
effectuate the provisions of the amendment described in 
Sections 1 through 7 above, including without limita- 
tion, such regulations and rules as may be required to 
amend Section 80B-7 of the Boston zoning code to 
reflect such provisions. 

Section 9: This act shall take effect immediately upon 
its enactment. 



Referred to the Committee on Economic 
Development. 

Later in the session, Councilor FEENEY moved 
reconsideration of Docket No. 1115. 

Reconsideration prevailed. 

Referred to the Committee on Housing. 



ORDER APPROVING PETITION FOR SPECIAL 
LAW RE: ACT TO RESTORE BOSTON'S GOV- 
ERNMENTALLYINVOLVED HOUSING PRO- 
TECTION (DOCKET NO. 1116) 

The following was received: 

City of Boston 
Office of the Mayor 

September 21, 2001 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval, an Act to 
Restore Governmentally Involved Housing Protection in 
Boston. The Issue of expiring use began in the late 
1960s and early 1970s when many rental properties in 
Boston were built with government subsidies of a fixed 
term. Developers received low mortgage interest rates, 
some as low as 1% with no money down. In addition, 
thousands of already built multi-family rental buildings 
were rehabilitated with government loans, with low 
interest rates and virtually no money down. 

In exchange, the owners agreed to sign regulatory 
agreements. Some had their rents regulated and many 
had to agree to "use" restrictions and were imposed with 
very strict eviction standards. The original contracts 
allowed the owners to pay off their 40 year mortgages 
and terminate their contracts after 20 years. Today, with 
value of properties skyrocketing, many of these owners 
are prepaying their mortgage financing. This, along with 
the expiration or loss of use restrictions and subsidy 
contracts, is putting the tenants of such housing at risk 
of displacement through rent increases or no-fault evic- 
tions. 

It is because of these concerns that I ask your 
Honorable Body to consider the passage of this Home 
Rule Petition at its earliest convenience. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered, That a petition to the General Court, accom- 
panied by a bill for a special law relating to the city of 
Boston to be filed with an attested copy of this order be, 
and hereby is, approved under Clause ( 1 ) of Section 8 of 
Article 2, as amended, of the Amendments to the 
Constitution of the Commonwealth of Massachusetts, to 
the end that legislation be adopted precisely as follows, 
except for clerical or editorial changes of form only: 

AN ACT TO RESTORE BOSTON'S GOVERN- 
MENTALLY-INVOLVED HOUSING PROTECTION. 

Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, as follows: 

Section 1 . Whereas, a serious public emergency exists 
with respect to the housing of citizens in Boston resid- 
ing in governmentally-involved housing, inasmuch as 
there is a threat that many lowincome individuals and 
families residing in such housing, particularly those 
elderly and disabled, may be threatened with displace- 
ment as a result of prepayment of mortgage financing, 
loss of use restrictions, expiring subsidy contracts, and 
expected increases in rent, and there is a threat that 
affordable housing stock will be lost due to expiration of 
use restrictions and subsidy contracts and such pre-pay- 
ment, further exacerbating an extreme housing shortage 
within the city for low-income families and voters, and 
whereas, in approving Chapter 40 P of the General 
Laws, the voters did not exempt such housing from pro- 
tection or regulation and whereas it is the city's policy to 



234 



CITY COUNCIL 



encourage owners of this governmentally-involved 
housing to accept incentives to keep such housing 
affordable and avert displacement, that such emergency 
should be met by the city of Boston immediately; there- 
fore, this act is declared to be in the public interest. 

Section 2. (A) Notwithstanding the provisions of any 
general or special law to the contrary, including, without 
limitation, the provisions of chapter forty P of the 
General Laws and chapter 282 of the Acts of nineteen 
hundred and ninety-four, for so long as the City Council 
of Boston shall detennine that the circumstances 
described in section one hereof continue to exist, the 
City of Boston shall by ordinance regulate the rent for 
use or occupancy of governmentally-involved or for- 
merly governmentally involved housing to the extent 
such regulation is not preempted by federal law or by 
section six of chapter 708 of the Acts of nineteen hun- 
dred and sixty-six as amended, once the basis for federal 
or state rent regulation or preemption no longer exists. 
For purposes of this act, "governmentally involved 
housing" is defined as housing units which the United 
States, the Commonwealth or any authority created 
under the laws thereof (i) insures the mortgage thereon, 
or owns, operates, finances, or subsidizes such housing 
units, and (ii) regulates the individual rents thereof, 
including without limitation housing units constructed 
or rehabilitated pursuant to Section 202 of the Housing 
Act of 1959, as amended (12 U.S.C. § 1701q), Sections 
221(d) and 236 of the National Housing Act, as 
amended (12 U.S.C. §§ 17151(d) or 1715z-l), Section 
811 of the Cranston-Gonzalez National Affordable 
Housing Act, as amended (42 U.S.C. § 8013), or Section 
13A of chapter 708 of the Acts of nineteen hundred and 
sixty-six, added by Section 10 of chapter 855 of the Acts 
of nineteen hundred and seventy, as amended (M.G.L. c. 
23AApp. § 1 -13 A), or housing units financed or subsi- 
dized pursuant to project-based programs for low- 
income persons under Section 8 of the United States 
Housing Act of 1937, as amended (42 U.S.C. § 1437f) 
or the Massachusetts Rental Voucher Program, so-called 
(see line item 7004-9004 of Section 2 of chapter 159 of 
the Acts of two thousand, as well as 760 C.M.R. Part 
49.00), or housing units with mortgage insurance under 
Sections 207 or 220 of the National Housing Act, as 
amended, and subject to a rent regulatory agreement 
pursuant to applicable law with the Boston 
Redevelopment Authority, but not including the follow- 
ing: 

(1) housing units owned or acquired by the City of 
Boston through tax foreclosure; 

(2) except for publicly owned dwelling units or units 
which are financed or subsidized with project based 
Section 8, housing units in a one-to-four family building 
or structure which are not part of a larger housing devel- 
opment, whether on one or more sites; 

(3) structures containing housing units subsidized 
with mobile tenant-based rental assistance that would 
not otherwise come within the definition of governmen- 
tally involved housing; 

(4) public housing owned or operated by a local hous- 
ing authority under chapter 121 B of the General Laws, 
the United States Housing Act of 1937 (42 U.S.C. §§ 
1437a et seq), or any successor act or public housing 
programs formerly assisted under the United States 
Housing Act of 1937; 

(5) housing units which received mortgage insurance 
pursuant to sections 207 or 220 of the National Housing 
Act but not subject to a rent regulatory agreement with 
the Boston Redevelopment Authority, as well as housing 
units which received mortgage insurance pursuant to 
section 608 of the National Housing Act, regardless of 
whether there was a rent regulatory agreement with the 
Boston Redevelopment Authority or not; 

(6) housing units which received mortgage insurance 
pursuant to Section 221(d) of the National Housing Act 
and which never received a federal or state rental sub- 
sidy or below market interest rate mortgage subsidy; 
and 



(7) housing units where the sole government involve- 
ment is the owner's participation in federal, state, or 
municipal funded programs for home repairs, energy 
conservation, or lead paint abatement. 

For the purpose of this act, "formerly governmen- 
tally-involved housing" is defined as housing which was 
governmentally-involved housing as of July 1, 1994, or 
which becomes governmentallyinvolved housing after 
July 1, 1994, but which then no longer is owned, oper- 
ated, financed, subsidized, mortgage-insured, or rent- 
regulated by the United States, the Commonwealth, or 
any authority created under the laws thereof, provided 
that "Formerly governmentally involved housing" shall 
include any housing receiving subsidy under Section 
8(f) of the United States Housing Act of 1937 (42 U.S.C. 
§ 1437f(t)). 

For the purpose of this act, "low-income" is defined 
as annual household income which is eighty per cent or 
less of the median income for the area as determined by 
the United States Department of Housing and Urban 
Development, with adjustments for smaller and larger 
families. 

The City of Boston shall by ordinance create a board 
to establish as the maximum rent for the governmen- 
tally-involved and formerly governmentally-involved 
housing units the rent in effect therefor on July 1, 1994, 
or six months before the basis for federal or state rent 
regulation or preemption lapsed, whichever is later, 
adjusted to insure such rent provides a fair net operating 
income as of the date of the board's decision, provided, 
however, said ordinance shall authorize the board to 
make individual adjustments in such maximum rents as 
may be necessary to remove hardships or to correct 
other inequities. In making individual adjustments to 
remove hardships or to correct other inequities, the 
board shall observe the principle of maintaining maxi- 
mum rents for such housing units at levels which will 
yield to owners a fair net operating income from such 
housing units. In determining whether the maximum 
rent for such housing units yields a fair net operating 
income, due consideration shall be given to, among 
other relevant factors: (1) increases in property taxes; 
(2) unavoidable increases in operating and maintenance 
expenses; (3) major capital improvement of the housing 
units, distinguished from ordinary repair, replacement, 
and maintenance; (4) increases or decreases in living 
space, services, furniture, furnishings or equipment; and 
(5) substantial deterioration of the housing units, other 
than ordinary wear and tear, or failure to perform ordi- 
nary repair, replacement, or maintenance. 

(B) Such ordinance shall provide that no person shall 
bring an action to recover possession of a governmen- 
tally-involved housing unit, or of a formerly govern- 
mentally involved housing unit, to the extent that such 
regulation is not otherwise preempted by federal law or 
section six of chapter 708 of the acts of nineteen hun- 
dred and sixty-six as amended, unless: 

(1) the tenant has failed to pay the rent to which the 
owner is entitled; 

(2) the tenant has violated an obligation or covenant 
of tenancy not inconsistent with chapter 93A of the 
General Laws or this act other than the obligation to sur- 
render possession upon proper notice, and has failed to 
cure the violation after having received written notice 
thereof; 

(3) the tenant is causing, committing, or permitting a 
nuisance in, or substantial damage to, the housing unit, 
or is creating substantial interference with the comfort, 
safety, or enjoyment of the owner or other occupants of 
the same or any adjacent unit; 

(4) the tenant has used or permitted use of a housing 
unit for illegal purposes; 

(5) the tenant, who had a written lease or rental agree- 
ment which has terminated, has refused, after written 
requests or demand by the owner, to execute a written 
extension or renewal thereof for a further term of like 
duration on teens not inconsistent with or violative of 
any provision of this act; 



• 



SEPTEMBER 26, 2001 



235 



• 



• 



(6) the tenant has refused the owner reasonable access 
to the housing unit for the purpose of making necessary 
repairs or improvements required by law, or for the pur- 
pose of inspection as permitted or required by the lease 
or law, or for the purpose of showing the housing nmt to 
any prospective purchaser or mortgagee; 

(7) the tenant holding at the end of a lease term is a 
subtenant not approved by the owner; or 

(8) the owner seeks to recover possession for any 
other just cause not in conflict with the provisions and 
purposes of this act or chapter 93A of the General Laws. 

The provisions of this section, shall be construed as 
additional restrictions on the right to recover possession 
of such housing units. 

(C) Such ordinance shall also provide that no person 
shall remove any governmentally-involved or formerly 
governmentally-involved housing accommodation from 
low-income rental housing use (including but not lim- 
ited to sale, lease, or other disposition of the property 
which may have such an effect), or convert such prop- 
erty to a condominium or cooperative, without first 
obtaining a permit for that purpose from the board, to 
the extent that such provision is not preempted by fed- 
eral law or section six of chapter 708 of the acts of nine- 
teen hundred and sixty-six as amended. Such permit 
may be subject to terms and conditions not inconsistent 
with the purposes and provisions of this act, including, 
without limitation, (a) incentives to continue in effect 
the low-income restrictions previously in place for the 
property and (b) where sale, lease, or disposition of the 
property may result in the loss of all or a portion of the 
property for low-income rental housing use, the right of 
an incorporated tenants association in such housing, the 
city of Boston, the Boston Housing Authority, or non- 
profit community development corporations to negoti- 
ate for, acquire and operate such property on substan- 
tially equivalent terms and conditions as offered or 
available to a bona fide third-party purchaser. 

(D) To the extent not preempted by federal law or sec- 
tion six of chapter 708 of the acts of nineteen hundred 
and sixty-six as amended, such ordinance shall require 
that owners of governmentallyinvolved housing, or for- 
merly govemmentally involved housing, affirmatively 
seek out and accept any prospective governmental hous- 
ing resources, whether tenant-based or project-based, 
which maximize affordability of the housing units con- 
sistent with the income character of the property and the 
owner's right to obtain a fair net operating income for 
the housing units, provided that the City shall assist 
owners by identifying such governmental housing 
resources. 

(E) To the extent not preempted by federal law or sec- 
tion six of chapter 708 of the acts of nineteen hundred 
and sixty-six as amended, and so long as such regulation 
is consistent with the owner's right to obtain a fair net 
operating income, such ordinance shall also provide that 
the City may establish local preferences, priorities, and 
income limits for admission to governmentally-involved 
housing or formerly govemmentally involved housing 
upon unit turnover, consistent, to the extent practicable, 
with the income profile of the property twelve months 
prior to the date of the loss of rent preemption or the 
decision to not renew an expiring subsidy contract. No 
ordinance or regulation shall require an owner to create 
a tenancy involving any person with a history of conduct 
which would, if repeated, be grounds for eviction from 
such housing. 

(F) Such ordinance shall also provide that the City 
may grant exemptions and exceptions to the general pro- 
visions of this act when such action would tend to main- 
tain or increase the supply of affordable housing in 
Boston, including, without limitation, promoting the 
sale of properties to bona fide tenant organizations or 
non-profit community development corporations under 
terms and conditions which would tend to maintain the 
income character of the property. 

(G) Such ordinance shall provide that the board may 
promulgate such rules, regulations and orders as it may 



deem necessary to effectuate the purposes of this act and 
the ordinance. The board may hold hearings on any mat- 
ters within its authority under this act and ordinance. 
Any hearings regarding matters related to regulation of 
rents or removal permits for govemmentally involved or 
formerly govemmentally involved housing or regarding 
compliance with other provisions of this act, or the 
ordinance, orders, rules, or regulations adopted or pro- 
mulgated hereunder, shall be conducted by the board in 
accordance with the provisions of section eleven of 
chapter thirty A of the General Laws except that require- 
ments (7) and (8) of such section eleven shall not apply 
to such hearings. 

(H)A11 decisions of the board may be appealed to the 
housing court department of the trial court, city of 
Boston division, by any person aggrieved thereby, 
whether or not previously a party in the matter, within 
thirty calendar days after notice of such decision. 
Judicial review of adjudicatory decisions shall be con- 
ducted in accordance with section fourteen of chapter 
thirty A of the General Laws. Judicial review of regula- 
tions shall be conducted in accordance with section 
seven of chapter thirty A of the General Laws. The hous- 
ing court department of the trial court, city of Boston 
division, shall have jurisdiction to enforce the provisions 
hereof and any ordinance, rule or regulation adopted 
hereunder, and on application of the board or any 
aggrieved person may restrain or enjoin violations of 
any such ordinance, rule, or regulation. In the interests 
of justice, the court may allow any necessary parties to 
be joined in or to intervene in any action brought here- 
under and may in its discretion allow or require an 
action to proceed as a class action. 

Section 3. It shall be unlawful for any person to do or 
omit to do any action in violation of this act, or any 
order, ordinance, rule or regulation adopted or promul- 
gated hereunder. Whoever willfully violates any provi- 
sion of this act or any order, ordinance, rule or regula- 
tion adopted or promulgated hereunder or whoever 
makes a false statement in any testimony before the 
board or its agents, or whoever knowingly supplies the 
board with false information shall be punished by a fine 
of not more than four hundred dollars or by imprison- 
ment for not more than ninety days, or both; provided, 
however, that in the case of a second or subsequent 
offense, or where the violation continues after notice 
thereof, such person shall be punished by a fine of not 
more than two thousand dollars, or by imprisonment for 
not more than one year, or both. 

Section 4. The provisions of this act are severable, and 
if any of its provisions shall be held unconstitutional or 
otherwise invalid by any court of competent jurisdiction, 
the decision' of such court shall not affect or impair any 
of the remaining provisions. 

Section 5. This act shall take effect upon passage. 

Referred to the Committee on Housing. 



NOTICE RECEIVED FROM DEPARTMENT OF 
TELECOMMUNICATION AND ENERGY RE: 
SERVICE QUALITY STANDARDS FOR 
ELECTRIC AND LOCAL GAS DISTRIBU- 
TION COMPANIES (DOCKET NO. 1117) 

Notice was received from the Department of 
Telecommunication and Energy re: Service Quality 
Standards for Electric and Local Gas Distribution 
Companies. 

Placed on file. 



COMMUNICATION FROM CITY CLERK. RE: FIL- 
ING BY BRA OF "SYMPHONY PLAZA EAST 
CHAPTER 121 A PROJECT NEW 

REGULATION AGREEMENT AND NEW 6A 
CONTRACT" (DOCKET NO . 1 1 18) 



236 



CITY COUNCIL 



The following was received: 

City of Boston 
Office of the City Clerk 

September 24, 2001 
To the City Council. 
Dear Councilors: 

In compliance with the order passed by your 
Honorable Body December 6, 1976, this is to inform 
you that the following was filed by the Boston 
Redevelopment Authority with the City Clerk on 
September 21, 2001: 

"Symphony Plaza East Chapter 121 A Project New 
Regulatory Agreement and New 6A Contract". 
Very truly yours, 

Edward T. Kelley, 
Assistant City Clerk. 
Placed on file. 



COMMUNICATION FROM CITY CLERK RE; 
FILING BY BRA OF "SYMPHONY PLAZA 
WEST CHAPTER 121 A PROJECT NEW REG- 
ULATORY AGREEMENT AND NEW 6A CON- 
TRACT" (DOCKET NO. 1 1 19) 

The following was received: 

City of Boston 
Office of the City Clerk 

September 24, 2001 
To the City Council. 
Dear Councilors: 

In compliance with the order passed by your 
Honorable Body December 6, 1976, this is to inform 
you that the following was filed by the Boston 
Redevelopment Authority with the City Clerk on 
September 21, 2001: 

"Symphony Plaza West Chapter 121 A Project New 
Regulatory Agreement and New 6A Contract". 
Very truly yours, 

Edward T. Kelley, 
Assistant City Clerk. 
Placed on file. 



REPORT ON ORDER AUTHORIZING POLICE 
DEPARTMENT TO ACCEPT AND EXPEND 
GIFT OF 30 MIMIO UNITS AND RELATED 
SOFTWARE VALUED AT APPROXIMATELY 
$27,180 FROM VIRTUAL INK CORPORA- 
TION (DOCKET NO. 0921) 

Councilor CONLEY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket No. 0921, message of the Mayor 
and order authorizing the Police Department to accept 
and expend 30 mimio units and related sofware valued 
at approximately $27, 1 80 from Virtual Ink Corporation 
(referred July 1 8) - recommending passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIUNG CITY TO 
ACCEPT AND EXPEND $30,000 IN FORM OF 
LOCAL LAW ENFORCEMENT SYSTEMS 
IMPROVEMENT GRANT FROM EXECUTIVE 
OFFICE OF PUBLIC SAFETY FOR POLICE 
DEPARTMENT (DOCKET NO. 0922) 

Councilor CONLEY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report On Docket No. 0922, message of the Mayor 
and order authorizing City to accept and expend 
$30,000 in the form of a Local Law Enforcement 
Systems Improvement grant from the Executive Office 
of Public Safety for the Police Department (referred 
July 18) - recommending passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING FIRE 
DEPARTMENT TO ACCEPT AND EXPEND 
GRANT OF $100,000 FROM MASSACHU- 
SETTS STATE WIDE COALITION FOR JUVE- 
NILE FIRESETTER INTERVENTION PRO- 
GRAMS FOR EDUCATION AND 
REHABILITATIVE TREATMENT OF JUVE- 
NILE FIRESETTERS (DOCKET NO. 0999) 

Councilor CONLEY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket No. 0999, message of the Mayor 
and order authorizing the Fire Department to accept and 
expend a grant of $ 100,000 from the Massachusetts 
State Wide Coalition for Juvenile Firesetter Intervention 
Programs for the education and rehabilitative treatment 
of juvenile firesetters (referred September 13) - recom- 
mending passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING POLICE 
DEPARTMENT TO ACCEPT AND EXPEND 
GRANT OF $350,000 FROM THE DEPART- 
MENT OF JUSTICE, VIOLENCE AGAINST 
WOMEN OFFICE FOR CONTINUING OUR NO 
NEXT TIME INITIATIVE, A COMPREHEN- 
SIVE COMMUNITY POLICING STRATEGY 
AIMED AT PREVENTING AND REDUCING 
DOMESTIC VIOLENCE VICTIMIZATION 
(DOCKET NO. 1000) 

Councilor CONLEY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket No. 1000, message of the Mayor 
and order authorizing the Police Department to accept 
and expend a grant of $350,000 from the Department of 
Justice, Violence Against Women Office for continuing 
our No Next Time Initiative, a comprehensive commu- 
nity policing strategy aimed at preventing and reducing 
domestic violence victimization (referred September 
13) - recommending passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING POLICE 
DEPARTMENT TO ACCEPT AND EXPEND 
$50,000 FROM EXECUTIVE OFFICE OF PUB- 
LIC SAFETY, EDWARD BYRNE MEMORIAL 
STATE AND LOCAL LAW ENFORCEMENT 
ASSISTANCE PROGRAM GRANT FOR PUR- 
POSE OF IMPLEMENTING "NEW HORI- 
ZONS FOR YOUTH" INITIATIVE, AN AFTER 
SCHOOL PROGRAM AT THOMPSON MID- 
DLE SCHOOL (DOCKET NO. 1001) 

Councilor CONLEY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket No. 1001, message of the Mayor 
and order authorizing the Police Department to accept 
and expend $50,000 from the Executive Office of Public 
Safety, Edward Byrne Memorial State and Local Law 
Enforcement Assistance Program grant for the purpose 
of implementing the "New Horizons for Youth" initia- 
tive, an after school program at the Thompson Middle 
School (referred September 13) - recommending pas- 
sage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING POLICE 
DEPARTMENT TO ACCEPT AND EXPEND 
GRANT OF $97,179 FROM DEPARTMENT OF 
JUSTICE, OFFICE OF JUVENILE JUSTICE 
AND DELINQUENCY PREVENTION "DRUG 
FREE COMMUNITIES SUPPORT PROGRAM" 
FOR IMPLEMENTING SOUTH BOSTON 
COMMUNITY COALITION TO PREVENT 



• 



SEPTEMBER 26, 2001 



237 



SUBSTANCE ABUSE, A COMPREHENSIVE 
COMMUNITY BASED RESPONSE TO SUB- 
STANCE ABUSE BY YOUTH (DOCKET NO. 
1002) 

Councilor CONLEY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket No. 1002, message of the Mayor 
and order authorizing the Police Department to accept 
and expend a grant of $97,179 from the Department of 
Justice, Office of Juvenile Justice and Delinquency 
Prevention "Drug Free Communities Support Program" 
for implementing the South Boston Community 
Coalition to Prevent Substance Abuse, a comprehensive 
community based response to substance abuse by youth 
(referred September 13) - recommending passage of the 
order. 

The report was accepted; the order was passed. 



• 



REPORT ON ORDER AUTHORIZING POLICE 
DEPARTMENT TO ACCEPT AND EXPEND 
GRANT OF $5,000 FROM JOHN HANCOCK 
LIFE INSURANCE COMPANY FOR EDUCAT- 
ING PUBLIC SCHOOL CHILDREN ON DRUG 
AWARENESS AND RESISTANCE AS WELL 
AS D.A.R.E. ACTIVITIES WITH TRAINED 
POLICE OFFICERS (DOCKET NO. 1003) 

Councilor CONLEY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket No. 1003, message of the Mayor 
and order authorizing the Police Department to accept 
and expend a grant of $5,000 from the John Hancock 
Life Insurance Company for educating public school 
children on drug awareness and resistance as well as 
D.A.R.E. activities with trained police officers (referred 
September 13,) - recommending passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING POLICE 
DEPARTMENT TO ACCEPT AND EXPEND 
GRANT OF $100,000 FROM EXECUTIVE 
OFFICE OF PUBLIC SAFETY IN FORM OF 
AN EDWARD BYRNE MEMORIAL STATE 
AND LOCAL LAW ENFORCEMENT ASSIS- 
TANCE PROGRAM GRANT FOR BENEFIT 
OF FEMALE FOCUS INITIATIVE (DOCKET 
NO. 1004) 

Councilor CONLEY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket No. 1004, message of the Mayor 
and order authorizing the Police Department to accept 
and expend a grant of $100,000 from the Executive 
Office of Public Safety in the form of an Edward Byrne 
Memorial State and Local Law Enforcement Assistance 
Program grant for the benefit of the Female Focus 
Initiative Program (referred September 13) - recom- 
mending passage of the order. 

The report was accepted; the order was passed. 



• 



RESOLUTION OPPOSING CITY/BRA'S EMINENT 
DOMAIN TAKING OF PRIVATE PROPERTY 
FOR PURPOSE OF BUILDING NEW BALL- 
PARK AND CITY'S PROVIDING DIRECT 
PUBLIC SUBSIDY TO RED SOX WITHOUT 
APPROPRIATE PUBLIC COMPENSATION 
(DOCKET NO. 1120) 

Councilors HENNIGAN, ROSS, DAVIS-MULLEN, 
TURNER and ROACHE offered the following: 

Whereas, The Boston City Council supports the 
Boston Red Sox staying in the City of Boston; and 



Whereas, There is existing state legislation passed by 
the Legislature and supported by Mayor Menino that 
would allow the City of Boston to take by eminent 
domain private property against the wishes of the pri- 
vate land-owners; and 

Whereas, The Boston City Council believes that a 
new Red Sox stadium can be built with private dollars 
and without any public funds (with the exception of 
infrastructure money) which would benefit all residents: 
Red Sox fans or not; and therefore be it 

Resolved, That the Boston City Council goes on 
record opposing the City/BRA's eminent domain taking 
of private property for the purpose of building a new 
ballpark and opposes the City's providing a direct pub- 
lic subsidy to the Boston Red Sox without appropriate 
public compensation. 

Referred to the Committee on Economic 
Development. 



ORDER FOR HEARING TO DETERMINE WHAT 
LED TO INMATES INGESTING IMPROPER 
DRUG AND WHAT PROCEDURES CAN BE 
USED TO PREVENT SUCH POTENTIAL 
TRAGEDIES IN FUTURE (DOCKET NO. 
1121) 

Councilors TURNER and YANCEY offered the 
following 

Whereas, The Boston City Council serves as the 
County Commissioners of Suffolk County; and 

Whereas, Five inmates at the Suffolk County House 
of Correction were found unresponsive in their cells and 
after examination by the jail's emergency service team 
were rushed to Boston Medical Center (Center); and 

Whereas, Three were admitted to the Center, two of 
whom remain in "serious condition"; and 

Whereas, it is suspected that the inmates were given 
the wrong drug and twice the recommended dosage; 
Therefore Be It 

Ordered, That a hearing be held before the appropri- 
ate Committee of the City Council to determine what 
led to the inmates ingesting the improper drug and what 
procedures can be used to prevent such potential 
tragedies in the future; and Be It Further 

Ordered, That Sheriff Rouse, the Supervisor of the 
medical unit, the Nurse who prepared the medication, 
and the regional director of Correctional Medical 
Services be asked to appear before said Committee to 
explain what led to the mistake in administration of the 
drugs and the dosages as well as what can be done to 
make sure such mistakes do not happen again. 

Referred to the Committee on Public Health. 



ORDER FOR HEARING RE: CITY-ASSISTED 
AFFORDABLE HOUSING PRODUCTION 
(DOCKET NO. 1122) 

Councilors TURNER, YANCEY, HONAN, FEENEY, 
HENNIGAN, MURPHY, ROACHE, SCAPICCHIO, 
ROSS and KELLY offered the following: 

Whereas, Leading the Way, the City of Boston 
Housing Strategy, published in October 2000 estab- 
lished goals of 7,500 new units over the next three years; 
and 

Whereas, we are entering the second year of this three 
year plan (extended to four in June of 2001 ); and 

Whereas, the City Council needs to assess the City's 
progress to date in order to see what changes may be 
necessary; therefore be it 

Ordered, That a hearing be held before the appropri- 
ate Committee of the City Council to assess progress in 
meeting the Leading the Way goals listed below 

1) "City-assisted affordable housing production of 
2,100 units: 40 % of the 2,100 newly-created affordable 



238 



CITY COUNCIL 



units will also be affordable to low-income and home- 
less people (earning less than 50% of area median 
income), and another 40% of the units are affordable to 
moderate income households (earning under 80% of 
area median income)". 

2) "Public housing vacant units: reclamation of 
1,100" 

3) "Between the units created through City-assisted 
new development and the 1,100 BHA vacant units, 
almost 2,000 new low income units will be created over 
the next three years. The City's goal is to make 900 of 
these units available to homeless families and individu- 
als." 

4) "Private market production of 4,300 units"; and be 
it further 

Ordered, That the Director of the Department of 
Neighborhood Development and the Director of the 
Boston Redevelopment Authority be asked to testify on 
the specific achievements of their agencies in meeting 
the affordability targets listed above; including units for 
"homeless families and individuals"; and Be It Further 

Ordered, That the Director of the Boston Housing 
Authority be asked to testify on the progress on BHA 
goals, including units for the homeless. 

Referred to the Committee on Housing. 



each development? 

4) What income groups benefited from the afford- 
ability? 

Referred to the Committee on Housing. 



ORDER FOR HEARING RE: FUNDS FOR 
AFFORDABLE HOUSING (DOCKET NO. 1 123) 

Councilors TURNER, YANCEY, SCAPICCHIO and 
HONAN offered the following: 

Whereas, There is a critical need for funds for afford- 
able housing in Boston; and 

Whereas, The Neighborhood Housing Trust was 
established as a conduit for linkage payments to be 
transferred to affordable housing developments, based 
on votes by the board of the Trust; and 

Whereas, The Mayor's Inclusionary Zoning Executive 
Order stipulated that developers could make payments 
to the City of Boston in lieu of creating affordable units 
on site; and 

Whereas, The Inclusionary Zoning Ordinance did not 
specify how these funds would be channeled into afford- 
able housing developments; and 

Whereas, Its appears that the Boston Redevelopment 
Authority now holds these resources; Therefore Be It 

Ordered, That the appropriate Committee of the 
Boston City Council hold a hearing to examine the fol- 
lowing questions in order to begin the assessment of 
whether the City would achieve more affordability by 
having the funds deposited in the Trust rather than the 
Boston Redevelopment Authority: 

1) How much money has been deposited in the 
Boston Redevelopment Authority from Inclusionary 
Zoning payments? 

2) To which developments have these funds been allo- 
cated? 

3) What percentage of affordability has been achieved 
in each project in which these funds have been allo- 
cated? 

4) Which income groups have benefited from the 
affordability created through the allocations; and be it 
further 

Ordered, That the Director of the Boston 
Redevelopment Authority be asked to attend said 
Council hearing and answer the above listed questions; 
and be it further 

Ordered, That the Chairman (or Administrator) of the 
Neighborhood Housing Trust be asked to attend said 
hearing answer the following questions: 

1) How much money has come into the fund during 
fiscal year '01 through linkage payments and how much 
of the Trust's funds were invested in affordable housing 
developments during fiscal year '01? 

2) Which developments received these investments? 

3) What percentage of affordability was achieved in 



ORDER URGING MAYOR TO INSTRUCT APPRO- 
PRIATE PERSONNEL TO IMMEDIATELY 
PREPARE AN EVACUATION PLAN AND ANY 
OTHER SUCH PLAN DEEMED NECESSARY 
IN CASE OF ANOTHER ATTACK ON UNITED 
STATES (DOCKET NO. 1124) 

Councilors YANCEY, HONAN, HENNIGAN, MUR- 
PHY, ROACHE, TURNER, FEENEY and FLAHERTY 
offered the following: 

Whereas, The City of Boston, The Commonwealth of 
Massachusetts and the entire free world are still reeling 
from the after effects of the recent terrorist attacks on 
the United States; and 

Whereas, Efforts must be made by all citizens of the 
free world to prepare for, as much as possible, another 
such heinous attack; and 

Whereas, The City of Boston should include such 
preparedness and readiness activities to respond to 
emergency situations, including terrorist threats and 
attacks, for all workers and persons in City Hall; Be It 
Therefore 

Ordered, That the Mayor instruct appropriate person- 
nel to immediately prepare an evacuation plan and any 
other such plan(s) deemed necessary in case of another 
attack on the United States; and Be It Further 

Ordered, That this plan for evacuation should include 
fire drills, clearly identified exits throughout the 
building and a system to simultaneously notify all per- 
sonnel in the building in case of evacuation; and Be It 
Further 

Ordered, That the appropriate committee of the 
Boston City Council convene a hearing of the city's pub- 
lic safety, public health, and transportation departments 
to discuss the city's readiness for possible attacks on 
Boston. 

Referred to the Committee on Public Health. 



STATEMENT OF COUNCILOR SCAPICCHIO 

Having unanimous consent to do so, Councilor 
Scapicchio stated that he has been talking to the people 
at Massport regarding safety issues regarding our facil- 
ities other than what the Federal Government might be 
doing and stated Massport invited all the Councilors to 
tour to see what they have been doing and offered a 
briefing and also offered to come in for questioning if 
requested. 



LATE FILED MATTERS 

The Chair stated that, in absence of objection, 3 late- 
filed matters would be added to the Agenda. 

No objection being heard, the following matters were 
added: 

RESOLUTION FOR HEARING REQUESTING 
MAYOR AND APPLICABLE REPRESENTA- 
TIVES FROM BRA PROVIDE INFORMATION 
ON HOW BODIES SUCH AS IAGS ARE 
FORMED AND WHAT NOTICE IS PROVIDED 
TO AFFECTED CONSTITUENTS, 

INCLUDING, BUT NOT LIMITED TO, 
BOSTON CITY COUNCILORS (DOCKET 
NO. 1131) 

Councilors ROSS, DAVIS-MULLEN and FLA- 
HERTY offered the following: 



• 



SEPTEMBER 26, 2001 



239 



Whereas, Impact Advisory Groups and other similar 
bodies were formed to allow maximum citizen input on 
the effects of developments in their neighborhoods; and 

Whereas, On numerous occasions, including the 
Museum of Fine Arts IAG, the Joslin Clinic IAG, and 
the Fenway Planning Task Force, the City Councilor 
adjoining to or representing the areas affected by these 
bodies has either not been notified about openings on 
these bodies, not been consulted about nominees for 
these bodies, or has not been notified regarding the fill- 
ing of openings on these bodies; and 

Whereas, It is nearly impossible for citizens to have 
full input on these bodies if not even their City 
Councilor has any role to play in their formation and 
development, therefore be it 

Resolved, That the Boston City Council hold a hear- 
ing requesting that the Mayor and applicable representa- 
tives from the Boston Redevelopment Authority provide 
information on how bodies such as IAGs are formed and 
what notice is provided to affected constituents, includ- 
ing, but not limited to, Boston City Councilors. 

Adopted under suspension of the rules. 



• 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1132) 

Councilor YANCEY offered the following: 

Ordered, That effective Saturday, September 22, 
2001, the following-named person be, and hereby is, 
appointed to the position set against their name until 
Friday, November 30, 2001 : 

Kerry L. Arnett, Secretary, $600.00, full time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1133) 

Councilor YANCEY offered the following: 

Ordered, That effective Saturday, September 01, 
2001, the following-named person be, and hereby is, 
appointed to the position set against their name until 
Friday, November 9, 2001: 

Bernadette Lally, Secretary, $350.00, part time. 

Passed under suspension of the rules. 



• 



RESOLUTION SUPPORTING LIVING WAGE FOR 
HUMAN SERVICE WORKERS PENDING 
LEGISLATION (DOCKET NO. 1041) 

Councilor KELLY called Docket No. 1041 from the 
Committee on Labor. 

No objection being heard, the matter was before the 
body. 

Councilor KELLY moved that the resolution be sub- 
stituted with the following: 

Whereas, Human service workers who take care of 
the state's most vulnerable populations, the mentally ill, 
disabled, mentally retarded and others, are often paid at 
poverty levels; and 

Whereas, Social service and human service workers 
have not received cost of living increases to match infla- 
tion since the early 1990s (the beginning of privatiza- 
tion); and 

Whereas, Direct care human service workers in 
Massachusetts work extra jobs in an effort to stay above 
the poverty line; and 

Whereas, Turnover is high in human service agen- 
cies, sometimes reaching 40% (percent); and 



Whereas, Low wages and high turnover have created 
job vacancy problems, increasing demands on workers 
who stay; and 

Whereas, The Human Service Workers Living Wage 
Act would provide employees of agencies that deliver 
social services or child care under contract or subcon- 
tract with the Commonwealth with wages of no less than 
$12.89 an hour without health care insurance and 
$1 1.89 with health care insurance; and 

Whereas, The bill would be recalculated annually to 
ensure that wages would be no less than 135 percent of 
the federal poverty line for a family of four; and 

Whereas, Massachusetts Council of Hu~nan Service 
Providers, unions including S.E.I.U. Local 285 and 
Local 925, and the Massachusetts Chapter of the 
Alliance for the mentally ill support the Human Service 
Workers Living Wage Act; Therefore Be It 

Resolved, That the Boston City Council go on record 
in support of the Living Wage for Human Service 
Workers pending legislation; and be it further 

Resolved, That the City Clerk be and hereby is 
requested to forward a copy of this resolution to the 
entire Boston legislative delegation in both the House 
and Senate on behalf of the entire City Council. 

The motion for substitution prevailed. 

On motion of Councilor KELLY, the resolution was 
adopted. 



CONSENT AGENDA 

The Chair moved adoption of a Consent Agenda in 
which the following-named Councilors offered resolu- 
tions of a condolence or congratulatory nature as set 
forth after each Councilor's name: 

Councilors Turner and Yancey: Congratulating Guru 
Gangstarr (Docket No. 1125). 

Councilors Yancey and Turner: Congratulating Pearl 
Shelton (Docket No. 1126). Congratulating Pearlis 
Jones (Docket No. 1127). 

Councilor Kelly: Congratulating Kathy and Gerry 
Vierbickas (Docket No. 1 128). 

Councilor Yancey: Congratulating Mary Lee Maye 
(Docket No. 1129). 

Councilors Yancey and Turner: Congratulating 13 
persons on their Zodiac Sports and Cultural 
Organization's Community Award (Docket No. 1 130). 

The matters contained within the Consent Agenda 
were severally adopted. 



STATEMENT OF COUNCILOR SCAPICCHIO 

Having unanimous consent to do so. Councilor 
Scapicchio wanted to invite his colleagues to the State 
House on Monday when he would be presenting the res- 
olution the Council adopted recognizing October as 
Italian-American month. 



STATEMENT OF PRESIDENT YANCEY 

President Yancey stated that when we adjourn today 
we will do so in memory of the crew members of 
American Airlines Flight 1 1 and United Airlines Flight 
175 who were killed in the terrorist act at the World 
Trade Center. 



STATEMENT OF COUNCILOR ROSS 

Having unanimous consent to do so. Councilor Ross 
invited his colleagues to join him on Monday, October 3 
on a tour and participation in an Outward Bound pro- 
gram with Boston Public School children taking place at 
Thompson's Island. 



240 CITY COUNCIL 



Adjourned at 4:00 p.m. in memory of the crew mem- 
bers of American Airlines Flight 1 1 and United Airlines 
Flight 175 to meet again on Wednesday, October 3, 2001 
at 12:00 noon. 



Note: All debate of City Council eliminated from 
proceedings in accordance with Chapter 447, Acts of 
1947. 



CITY OF BOSTON • GRAPHIC ARTS DEPARTMENT ®««^ 



r 



• 



CITY COUNCIL 



241 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, October 3, 2001 
Regular meeting of the City Council held in the 
Christopher A. lamella Council Chamber, City Hall, at 
12:25 p.m., President YANCEY in the Chair and all 
members present. 

INVOCATION 

President YANCEY opened the meeting with a 
moment of silence and the pledge of allegiance to the 
flag. 



MESSAGE DISAPPROVING ORDER TO ADOPT 
SECTION 159 OF CHAPTER 127 OF ACTS OF 
1999 (DOCKET NO. 1134) 

The following was received: 

City of Boston 
Office of the Mayor 



To the City Council. 
Dear Councillors: 



September 28, 2001 



• 



• 



I return herewith unsigned and disapproved, docket 
number 1031, An Order To Adopt Section 159 of 
Chapter 127 of the Acts of 1999. This order passed by 
your Honorable Body on September 13, 2001 is also 
know as a "Senior Volunteer Tax Credit". I return the 
order for several reasons, the first being the need for a 
technical correction to the legislation itself. Upon 
review of the document for my consideration it was 
brought to my attention, that the section in M.G.L. relat- 
ing to the "Senior Volunteer Tax Credit" is Section 59, 
not Section 159. In addition, there are administrative 
and financial impacts that need to be addressed further; 
such as liability, obligations to public employee unions 
and program implementation costs. 

The City of Boston has placed considerable focus on 
targeting tax relief to our seniors. As a result, the City is 
providing the maximum benefit allowed under State law 
and has among the most generous senior tax programs 
in the State. For instance, the city already offers a 
Residential Abatement which will increase to over $800 
this year, an Elderly Limited Income Personal 
Exemption up to $1,000, a Tax Deferral program which 
defers taxes on property until sold or transferred. The 
new circuit breaker program that the City supported also 
allows seniors to become eligible for a rebate on their 
state income taxes if their property taxes exceed 10% of 
their incomes. 

It is my hope that the Council will work with my 
Administration to devise an effective means for imple- 
menting a program that will benefit our senior citizens 
and our City and I pledge my commitment to this effort. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



WHEREAS: Section 159 of Chapter 127 of the Acts 
& Resolves of Massachusetts 1999, the "Senior 
Volunteer Tax Credit" law was amended to allow cities 
and towns to establish a tax exemption program that 
would allow persons over the age of 60 to volunteer to 
provide service to the city or town they reside, in 
exchange for a reduction in their real property tax bill; 
And 

WHEREAS: In addition to any other tax abatement or 



exemption that eligible residents may already receive, 
the person seeking to take advantage of this program 
would be credited on their tax bill at a rate not to exceed 
the current hourly minimum wage, and at a sum not to 
exceed $500.00 in a tax year; And 

WHEREAS: The amount of credit shall not be con- 
sidered income, wages or employment for the purpose 
of taxation; And 

WHEREAS: Chapter 127 of the Acts & Resolves of 
Massachusetts 1999 the "senior Volunteer Tax Credit" is 
state enabling language that must be adopted by the 
municipal governments of each city and town in order 
for that city or town's eligible residents to take advan- 
tage of the program; And 

WHEREAS: If the enabling law is adopted by the 
City of Boston, it will bring much needed property tax 
relief to residents over the age of 60 who want to live in 
the City of Boston but who cannot afford the rising cost 
of living and taxes that have besieged Boston over the 
last few years; Therefore be it 

ORDERED: That the City of Boston adopt Chapter 
127 Section 159 of the Acts of 1999 establishing a 
"Senior Volunteer Tax Credit". 

Assigned for further action. 



ORDER APPROVING APPROPRIATION OF 
$150,000 TO MASSACHUSETTS DEPART- 
MENT OF ENVIRONMENTAL MANAGE- 
MENT FOR PURPOSE OF CONSTRUCTING 
NEW UNIVERSAL ACCESS RAMP FACILITY 
AT SPECTACLE ISLAND PARK PIER 
(DOCKET NO. 1135) 

The following was received: 

City of Boston 
Office of the Mayor 



To the City Council. 
Dear Councillors: 



September 20, 2001 



I transmit herewith for your approval an order to 
expend the sum of $150,000 to the Massachusetts 
Department of Environmental Management for the pur- 
pose of constructing a new universal access ramp facil- 
ity at the Spectacle Island Park pier. The funds are to be 
expended from the City's Waterway Fund, a municipal 
fund whose proceeds are for the express purpose of 
increasing public access to the waters of Boston Harbor. 
This sum represents the City's contribution to the over- 
all project and a match for the grant in the amount of 
$750,000 from the Executive Office of Transportation 
and Construction. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That pursuant GL. c. 40, Section 5Q the 
sum of One Hundred Fifty Thousand Dollars 
($150,000.00) be and the same hereby is appropriated 
from the municipal waterways improvement and main- 
tenance fund for the purpose of funding the City of 
Boston's share of the cost of construction of the univer- 
sal access ramp facility at Spectacle Island Park pier. 

Referred to the Committee on Environment. 



ORDER APPROVING COMPENSATING HA1 ANC1 
AGREEMENT BY AND BETWEEN CITY AND 
CENTURY BANK AND TRUST COMPANY 
FOR PROVISION OF BANKING SERVICES 
(DOCKET NO. 1136) 

The following was received: 



242 



CITY COUNCIL 



City of Boston 
Office of the Mayor 



To the City Council. 
Dear Councillors: 



September 10, 2001 



Under GL. c. 44, s. 53F, the City is authorized to 
enter formal "compensating balance" agreements with 
banking institutions for the provisions of banking ser- 
vices. Your approval of these agreements is required 
under that statute. 

In order to take advantage of the considerable savings 
afforded through the use of such agreements, the 
Treasury Department conducted an extensive competi- 
tive bidding process that resulted in the agreement that 
accompanies this letter. 

Under the terms of the agreement, the City will keep 
a specified minimum balance with the contracting bank 
as compensation for various specified services rendered. 

In order to realize the greatest possible savings to the 
City, as well as to minimize any possible interruption of 
banking services to the City, I urge your prompt ap- 
proval of this agreement. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the agreement made under the pro- 
visions of General Laws Chapter 44, Section 53F, by 
and between the City of Boston and Century Bank and 
Trust Company for the provision of Banking Services, 
in the form attached hereto, be and the same hereby is, 
approved. 

Referred to the Committee on Banking and Com- 
munity Investment. 



ORDER APPROVING COMPENSATING BALANCE 
OF AGREEMENT BY AND BETWEEN CITY 
AND CENTURY BANK AND TRUST COM- 
PANY FOR PROVISION OF LOCK BOX SER- 
VICES (DOCKET NO. 1137) 

The following was received: 

City of Boston 
Office of the Mayor 



To the City Council. 
Dear Councillors: 



September 10, 2001 



Under GL. c. 44, s. 53F, the City is authorized to 
enter formal "compensating balance" agreements with 
banking institutions for the provisions of banking ser- 
vices. Your approval of these agreements is required 
under that statute. 

In order to take advantage of the considerable savings 
afforded through the use of such agreements, the 
Treasury Department conducted an extensive competi- 
tive bid-ding process that resulted in the agreement that 
accompanies this letter. 

Under the terms of the agreement, the City will keep 
a specified minimum balance with the contracting bank 
as compensation for various specified services rendered. 

In order to realize the greatest possible savings to the 
City, as well as to minimize any possible interruption of 
banking services to the City, I urge your prompt 
approval of this agreement. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the agreement made under the pro- 
visions of General Laws Chapter 44, Section 53F, by 
and between the City of Boston and Century Bank and 
Trust Company for the provision of Lock Box Services, 
in the form attached hereto, be and the same hereby is, 
approved. 

Referred to the Committee on Banking and Com- 
munity Investment. 



CERTAIN INFORMATION UNDER SECTION 17F 
RE: NEIGHBORHOOD JOBS TRUST (DOCK- 
ET NO. 1138) 

The following was received: 

City of Boston 
Office of the Mayor 



To the City Council. 
Dear Councillors: 



September 27, 2001 



Relative to Section 17F request passed by your 
Honorable Body on September 13, 2001 re: 
Neighborhood Jobs Trust, please find the attached 
response. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

(Annexed hereto is the documentation referred to.) 
Placed on file. 



CERTAIN INFORMATION UNDER SECTION 17F 
RE: NEIGHBORHOOD HOUSING TRUST 
(DOCKET NO. 1139) 

The following was received: 

City of Boston 
Office of the Mayor 



To the City Council. 
Dear Councillors: 



September 27, 2001 



Relative to Section 17F request passed by your 
Honorable Body on September 13, 2001 re: Neighbor- 
hood Housing Trust, please find the attached response. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

(Annexed hereto is the documentation referred to.) 
Placed on file. 



CERTAIN INFORMATION UNDER SECTION 17F 
RE: LIST OF ALL RESIDENTS 18 YEARS 
OLD AND ABOVE (DOCKET NO. 1 140) 

The following was received: 

City of Boston 
Office of the Mayor 



To the City Council. 
Dear Councillors: 



September 27, 200] 



Relative to Section 1 7F request passed by your 
Honorable Body on September 1 3, 2001 re: List of all 
residents 18 years old and above, please find the 
attached response. 

Sincerely, 

Thomas M. Menino, 



# 



OCTOBER 3, 2001 



243 



Mayor of Boston. 

October 2, 2001 
Charles C. Yancey 
President 

Boston City Council 
Boston, MA 02201 

Dear Council President Yancey: 

I am responding to your 17F request for resident list 
of the entire city. According to Massachusetts General 
Law, Chapter 51, section 55, a list of residents is pro- 
vided to elected representatives of their respective dis- 
tricts. This statute also permits this Department to sup- 
ply lists to other entities at a reasonable cost. The 
Department has determined that $100.00 for an elec- 
tronic file containing all the residents of the City of 
Boston is sufficient. 

Sincerely, 

Nancy A. Lo, 

Chair. 
Remanded to the Mayor. 



• 



CERTAIN INFORMATION UNDER SECTION 17F 
RE: LINKAGE LAW (DOCKET NO. 1 141) 

The following was received: 

City of Boston 
Office of the Mayor 



To the City Council. 
Dear Councillors: 



September 27, 2001 



Relative to Section 17F request passed by your 
Honorable Body on September 13, 2001 re: Linkage 
Law, please find the attached response. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

(Annexed hereto is the documentation referred to.) 
Placed on fde. 



CERTAIN INFORMATION UNDER SECTION 17F 
RE: ALL CONTRACTS WITHIN LAW DE- 
PARTMENT (DOCKET NO. 1142) 

The following was received: 

City of Boston 
Office of the Mayor 



To the City Council. 
Dear Councillors: 



September 27, 2001 



• 



Relative to Section 17F request passed by your 
Honorable Body on September 13, 2001 re: Contracts 
with the Law Department, please find the attached 
response. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



October 1,2001 
City Councilor Charles C. Yancey 
City Council Chamber 
Boston City Hall 
Boston, MA 02201 

Dear Councilor: 

I write in connection with an Order of the City 



Council pursuant to St. 1948, c.452, S.17F, sponsored by 
you, for all Law Department contracts " including scope 
of services, cost, beginning and ending dates." 

I wish to bring to your attention the fact that this 
Department only recently produced some 350 contracts 
and several thousand individual documents at an actual 
cost of $1,963.39, exclusive of personnel costs, in 
response to a similar 1 7F sponsored by Councilor Kelly. 

In the interest of avoiding costly, unnecessary and 
duplicative efforts, would you kindly refer to the previ- 
ously produced materials. 

Sincerely, 

Merita A. Hopkins, 
Corporation Counsel. 
Remanded to the Mayor. 



COMMUNICATION FROM NANCY LO, COMMIS- 
SIONER, ELECTION DEPARTMENT, RE: 
COMMUNITY PRESERVATION ACT FOR 
PLACEMENT ON BALLOT AT NOVEMBER 
6,2001 ELECTION (DOCKET NO. 1143) 

Communication was received from Nancy Lo, 
Commissioner, Election Department, re: Community 
Preservation Act for placement on the ballot at the 
November 6, 2001 election. 

On motion of Councilor MURPHY, the rules were 
suspended, the communication was passed. 



COMMUNICATION RECEIVED FROM GARY W. 
KENEFICK, DIRECTOR, HUMAN RE- 
SOURCES, POWER-ONE RE: ITS SCHED- 
ULED PLANT CLOSURE AFFECTING OPER- 
ATIONS AT ITS ADVANCED POWER 
SOLUTION DIVISION FACILITY, 20 LINDEN 
STREET (DOCKET NO. 1 144) 

Communication received from Gary W. Kenefick, 
Director, Human Resources, Power-One re: its sched- 
uled plant closure affecting operations at its Advanced 
Power Solution Division facility, 20 Linden Street. 

Placed on file. 



REPORT ON ORDINANCE PROHIBITING SALE, 
POSSESSION AND USE OF FIREWORKS 
(DOCKET NO. 1032) 

Councilor CONLEY, on behalf of the Committee on 
Public Safety submitted the following: 

Report on Docket No. 1032, ordinance prohibiting 
the sale, possession and use of fireworks (referred 
September 13) - recommending passage of the order. 

The report was accepted; the ordinance was passed. 



ORDINANCE PROHIBITING CARRYING OF 
KNIVES OR SIMILAR WEAPONS (DOCKET 
NO. 1145) 

Councilors CONLEY, SCAP1CCHIO, ROSS, 
ROACHE, KELLY, FEENEY, HENNIGAN, DAVIS- 
MULLEN, FLAHERTY, MURPHY and HONAN 
offered the following: 

City of Boston 
In the Year Two Thousand and One 

AN ORDINANCE PROHIBITING THE CARRYING 
OF KNIVES OR SIMILAR WEAPONS 

Be it ordained by the City Council of Boston, as fol- 
lows: 



244 



CITY COUNCIL 



That CBC, Ordinances, Chapter 16 be amended by 
inserting the following new language: 

16-45 PROHIBITING THE CARRYING OF 
KNIVES OR SIMILAR WEAPONS 

16-45.1 Carrying of Weapons Prohibited. No person, 
except as provided by law, shall carry on his person, or 
carry under his control in a vehicle, any knife having 
any type of blade in excess of two and one-half (2 1/2") 
inches, (except when actually engaged in hunting or 
fishing or in going directly to and/or resuming directly 
from such activities, or any employment which requires 
the use of any type of knife, ice picks, dirks or similar 
weapons that are likely to penetrate through police offi- 
cer's ballistic vests, or other object or tool so redesigned, 
fashioned, prepared or treated that the same may be 
used to inflict bodily harm or injury to another. 

16-45.2 Penalty. Violators of any provision of this 
ordinance shall be subject to a fine of not more than 
three hundred ($300.00) dollars for each offense. 

16-45.3 Severability. The provisions of this section 
shall be severable and if any section, part, or portion 
hereof shall be held invalid for any purpose by any court 
of competent jurisdiction the decision of such court 
shall not affect or impair any remaining section, part or 
portion thereof. 

16-45.4 Effective Date. This section shall take effect 
immediately upon its passage. 

Referred to the Committee on Public Safety. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1146) 

Councilor YANCEY offered the following: 

Ordered: That effective Saturday, September 29, 
2001, the following named person be, and hereby is, 
appointed to the position set against their name until 
Friday, October 5, 2001: 

Mark A. Chardavoyne, Secretary, $3,517.49, full 
time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1147) 

Councilor YANCEY offered the following: 

Ordered: That effective Saturday, October 6, 2001, 
the following named person be, and hereby is, appointed 
to the position set against their name until Friday, 
December 28, 2001: 

Mark A. Chardavoyne, Secretary, $637.83, full time. 

Passed under suspension of the rules. 



ORDER FOR HEARING TO REVIEW SCHOOL 
DEPARTMENT'S POLICIES REGARDING 
TEACHER REIMBRUSEMENT FOR CLASS- 
ROOM SUPPLIES (DOCKET NO. 1148) 

Councilors FLAHERTY, FEENEY, ROACHE, 
HONAN. SCAPICCHIO, ROSS, HENNIGAN, MUR- 
PHY and DAVIS-MULLEN offered the following: 

WHEREAS: Many Boston public school classrooms 
are inadequately stocked with some of the most basic 
school supplies; and 

WHEREAS: In order to facilitate learning by equip- 
ping students with the necessary supplies for these 
classrooms to function adequately, teachers routinely 
purchase supplies for their own students; and 



WHEREAS: A survey conducted earlier this year 
revealed that nearly 90% of Boston's public school 
teachers purchase their own classroom supplies, with an 
average outlay of between $100 and $500 annually per 
teacher; and 

WHEREAS: There is currently no functioning mech- 
anism in place to reimburse these teachers for such out- 
of-pocket expenses made necessary by the inadequate 
supply situation in city classrooms; and 

WHEREAS: It is in the interests of the City of Boston 
to ensure that teachers are fairly reimbursed for such out 
of pocket expenses so long as the practice of teachers 
purchasing supplies is made necessary by current condi- 
tions; then therefore be it hereby 

ORDERED: That the Boston City Council conduct a 
hearing to review the Boston School Department's poli- 
cies regarding teacher reimbursement, and that appro- 
priate representatives of the School Department and the 
Boston Teacher's Union be invited to testify. 

Referred to the Committee on Education and 
School Matters. 



RESOLUTION REQUESTING APPROPRIATE CITY 
AGENCY AFFIX AND PROMINENTLY DIS- 
PLAY AMERICAN FLAGS ON UTILITY 
POLES IN HIGHLY POPULATED AREAS OF 
CITY (DOCKET NO. 1149) 

Councilors ROSS, FEENEY, KELLY, SCAPIC- 
CHIO, DAVIS-MULLEN, FLAHERTY, HONAN, 
CONLEY, MURPHY, HENNIGAN, ROACHE and 
TURNER offered the following: 

WHEREAS: The American flag is a vital symbol of 
our country's commitment to democracy and freedom; 
and 

WHEREAS: Citizens throughout the city have been 
showing their allegiance to our country by purchasing 
and displaying American flags in their homes and busi- 
ness; and 

WHEREAS: The City of Boston presently has 
numerous locations throughout the City where the 
American flag is flown; and 

WHEREAS: In the wake of recent tragedies, the City 
of Boston should join the citizenry through the display 
of additional American flags. Therefore Be It 

RESOLVED: The Boston City Council requests that 
the appropriate city agency affix and prominently dis- 
play American flags on utility poles in highly populated 
areas of the City in the very near future. 

On motion of Councilor ROSS, the rules were sus- 
pended; the resolution was adopted. 



ORDER FOR HEARING TO INQUIRE INTO SECU- 
RITY CLEARANCE PROCESS TO SCREEN 
COMPANIES JDOING BUSINESS IN PORT OF 
BOSTON (DOCKET NO. 1150) 

Councilors MURPHY, HENNIGAN, FLAHERTY, 
HONAN, FEENEY, ROACHE and ROSS offered the 
following: 

Whereas, Beginning in 2002, China Ocean Shipping 
Company (COSCO) will begin direct service between 
Boston and Shanghai; and 

Whereas, While freight service out of the port of 
Boston should be maintained, access to the City via this 
port of entry must be secure at all times; and 

Whereas, The Boston Herald, among other publica- 
tions, has reported on an ongoing Congressional inves- 
tigation into COSCO's business dealings; and 

Whereas, Allegations against COSCO, which is run 
in part by China's military, include spying, shipping of 
arms and explosives to Cuba and in 1996, a COSCO 
ship containing AK-47's believed intended for street 
gangs in California was intercepted; and 



• 



OCTOBER 3, 2001 



245 



• 



• 



Whereas, Recent events have demonstrated the need 
for secure ports of entry into this country; therefore be it 

Ordered, That the appropriate committee of the 
Boston City Council hold a hearing to inquire into the 
security clearance process in place to screen companies 
doing business in the port of Boston, that representa- 
tives from MASSPORT and interested members of the 
public be invited to attend and give testimony. 

Referred to the Committee on Transportation. 



ORDER REQUESTING CERTAIN INFORMATION 
UNDER SECTION 17F RE: MINORITY AND 
WOMEN BUSINESS ENTERPRISE AND 
BOSTON RESIDENTS IOBS POLICY (DOC- 
KETNO. 1151) 

ORDERED: That, under the provisions of Section 
17F of Chapter 452 of the Acts of 1948, as amended, 
and under any other applicable provision of law, His 
Honor, the Mayor, be, and hereby is, requested to obtain 
and deliver to the City Council, within one week of the 
receipt hereof, the following information: from the 
MAVBE Department 

1) A list of developers and/or general contractors with 
MAVBE shortfalls or BRJP non-compliance from July 
1, 2001 to the present; 

2) Copies of the Weekly Utilization Reports for each 
developer or contractor for each week for the month of 
August 2001; 

3) A description of the enforcement mechanism used 
to address M/WBE shortfalls; 

4) A description of the enforcement mechanisms used 
to address BRJP shortfalls; 

5) A list of developors an/or general contractors sanc- 
tioned for MAVBE shortfalls or BRJP non compliance 
from January 1, 2001 to present; and 

6) A list of developers with construction projects 
beginning in January 1, 2001 to the present 

On motion of Councilor TURNER the rules were 
suspended; the order was passed. 

ORDER FOR HEARING TO DISCUSS WAYS IN 
WHICH CITY CAN JOIN NATIONAL 
LEAGUE OF CITIES TO FURTHER PRO- 
MOTE RACIAL EQUALITY AND JUSTICE 
STAND AGAINST ANTI-ARAB, ANTI- 
SEMITIC AND OTHER FORMS OF RACIAL 
AND ETHNIC INTOLERANCE (DOCKET NO. 
1152) 

Councilors YANCEY, DAVIS-MULLEN, CONLEY, 
ROACHE, MURPHY, HONAN, HENNIGAN, 
FEENEY, FLAHERTY and TURNER offered the fol- 
lowing: 

Whereas, On September 19, 2001 in Washington, DC 
many American cities reaffirmed their commitment to 
racial equality through programs, dialogue, and other 
efforts in observance of Race Equality Day, organized 
by the National League of Cities. 

Whereas, the National League of Cities is the oldest 
and largest national organization representing municipal 
governments throughout the United States. With a 
membership of 1,800 cities and towns, as well as 49 
state associations, NLC serves as a resource and advo- 
cate for 18,000 U.S. cities that serve 225 million people 
across the U.S. 

Whereas, Cities throughout the United States face a 
variety of challenges in promoting racial and ethnic tol- 
erance, including recent anti-Arab sentiments and 
attacks. "It's not always easy to confront racism and eth- 
nic intolerance, especially during a national tragedy like 
the recent attacks on the World Trade Center and the 
Pentagon," said Dennis W. Archer, mayor of Detroit and 
president of the National League of Cities. "However, as 
Americans and as city leaders, it is imperative for us to 



tackle this issue head on with determination and cre- 
ativity and not succumb to hatred or intolerance." 

Whereas, Last year, the National League of Cities 
began a campaign to "undo" racism. Since then, more 
than 700 cities and towns have participated by estab- 
lishing special task forces, holding community meetings 
and dialogues about racism, conducting training ses- 
sions for city employees and businesses, creating coali- 
tions to support local efforts, and pledging publicly to 
pursue racial equality. 

Whereas, This year, Race Equality Day activities took 
place in many towns and cities including: Denton, 
Texas, Denver, Colorado; Gulfport, Florida; Nashville, 
Tennessee Orlando, Florida; Brooklyn Center, 
Minnesota; Chicago, Illinois, Gainesville, Georgia; 
Medford, Massachusetts; and Oberlin, Ohio 

Whereas, "The pursuit of racial equality is an impor- 
tant goal for our member towns and cities at the 
National League of Cities, and we are heartened by the 
enthusiastic reaffirmations and ambitious programs that 
cities are planning," said Don Borut, executive director 
of the National League of Cities. 

Whereas, The City of Boston is committed to efforts 
which promote racial justice; Be it therefore 

Ordered, that the Boston City Council hold hearings 
to discuss ways in which the City of Boston can join the 
NLC to further promote racial equality and justice stand 
against Anti-Arab, Anti-Semitic and other forms of 
racial and ethnic intolerance. 

Referred to the Committee on Equity. 



LATE FILED MATTERS 

The Chair stated that, in absence of objection, 4 late- 
filed matters would be added to the Agenda. 

No objection being heard, the following matters were 
added: 

APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1134) 

Councilor YANCEY offered the following: 

Ordered: That effective Saturday, September 29, 
2001, the following named person be, and hereby is, 
appointed to the position set against their name: 

Louis A. Elisa, Secretary, $600.00, part time. 

Passed under suspension of the rules. 



RESOLUTION RE: TRANSFER OF POWER, CON- 
TROL AND SECURITY OPERATIONS FROM 
MASSPORT TO FEDERAL AVIATION 
ADMINISTRATION (DOCKET NO. 1166 ) 

Councilors DAVIS-MULLEN, FEENEY, HENNI- 
GAN, MURPHY, KELLY and HONAN offered the fol- 
lowing: 

Whereas, Federal Government data suggests that 
Logan International Airport has one of the worst secu- 
rity records among major airports in the United States, 
and 

Whereas, The Federal Aviation Administration, dur- 
ing passenger screening tests conducted at Logan 
Airport over the past decade, managed to slip over 200 
guns and other explosive devices through manned 
checkpoints and x-ray machines without detection, and 

Whereas, In spite of the increase in personnel and 
security measures during the last three weeks, recent 
reports in the news media have proven that security 
lapses still, and will continue to, exist at Logan Airport 
until complete governmental intervention and reform 
takes place, and, 

Whereas, It has been suguested bv several leaders and 



246 



CITY COUNCIL 



experts in the aviation community that the best way to 
increase safety, security, passengers and public confi- 
dence at Logan Airport is to remove all responsibility of 
airport security from the existing agencies and airline 
companies, and allow the FAA to take complete control 
of Logan Airport, therefore be it 

Resolved, That the Boston City Council, united in 
meeting assembled, as the form of municipal govern- 
ment that represents and is responsible for the well 
being of the people of East Boston, Logan Airport and 
all of Boston, call for and support the transfer of power, 
control and security operations from MassPort to the 
Federal Aviation Administration and Federal 
Government. 

Referred to the Committee on Transportation. 



ORDER FOR HEARING TO DISCUSS IMPLEMEN- 
TATION OF CITY OF BOSTON RESIDENCY 
LAW, RESIDENCY COMPLIANCE COMMIS- 
SION AND IMPACT OF RESIDENCY LAW ON 
CITY OF BOSTON EMPLOYEES (DOCKET 
NO. 1167) 

Councilors HONAN, FEENEY, DAVIS-MULLEN, 
HENNIGAN, FLAHERTY, MURPHY-, TURNER, 
KELLY, ROSS and ROACHE offered the following: 

ORDERED: That the City Council Committee on 
Residency hold a hearing to discuss the implementation 
of the City of Boston Residency Law, the practices of 
the Residency Compliance Commission, and the 
impacts of the Residency law on City of Boston 
employees. 

Referred to the Committee on Residency. 



ORDER FOR HEARING RE: AMERICAN FLAGS 
ON UTILITY POLES (DOCKET NO. 1 168 ) 

Councilor KELLY 

WHEREAS: The American flag is a vital symbol of 
our country's commitment to democracy and freedom; 
and 

WHEREAS: Citizens throughout the city have been 
showing their allegiance to our country by purchasing 
and displaying American flags in their homes and busi- 
ness; and 

WHEREAS: The City of Boston presently has 
numerous locations throughout the City where the 
American flag is flown; and 

WHEREAS: In the wake of recent tragedies, the City 
of Boston should join the citizens through the display of 
additional American flags. Therefore Be It 

ORDERED: The Boston City Council respectfully 
requests that the appropriate city agency affix and 
prominently display American flags on utility poles in 
highly populated areas of the City in the very near 
future. 

Referred to the Committee on Government Oper- 
ations. 



MEETING IN EXECUTIVE SESSION 

President YANCEY moved that the City Council 
recess at 1:58 p.m. to update outstanding legal issues. 
The motion was carried. 



ORDINANCE AMENDING BOSTON IOBS AND 
LIVING WAGE ORDINANCE (DOCKET NO. 1018) 

Councilor KELLY called Docket No. 1018 from the 
Committee on Labor. 

Hearing no objection, the matter was before the body. 

On motion of Councilor KELLY, the ordinance was 
passed; yeas 13. 



STATEMENT OF COUNCILOR FEENEY 

Having unanimous consent to do so, Councilor 
Feeney asked that when we adjourn today, we do so in 
memory of Stephen Balukonis. 



CONSENT AGENDA 

The Chair moved adoption of a Consent Agenda in 
which the following-named Councilors offered resolu- 
tions of a condolence or congratulatory nature as set 
forth after each Councilor's name: 

Councilor Yancey: Congratulating Mr. Tako Chen of 
Xintra Global Technologies (Docket No. 1153); 
Congratulating Boston Chinese Performing Arts 
Association (Docket No. 1154). 

Councilors Turner and Yancey: Congratulating 
Jonathan Marsh (Docket No. 1155). 

Councilor Roache: Recognizing Michael Kelliher 
(Docket No. 1156). 

Councilor Feeney: Congratulating Tom Baisley 
(Docket No. 1157); Congratulating Richard Fraser 
(Docket No. 1158). 

Councilor Yancey: Congratulating Lurelia Cowans 
(Docket No. 1159). 

Councilor Honan: Congratulating Proctor W. 
Houghton and Houghton Chemical Corporation 
(Docket No. 1160). 

Councilors Yancey and Turner: Congratulating Rev. 
John Matthew Borders III (Docket No. 1161); 
Congratulating Nigerian-American Multi-Service 
Association (Docket No. 1 162); Congratulating Robert 
P. Gittens (Docket No. 1 163); Congratulating Madeline 
"Matt" Hall (Docket No. 1164). 

Councilor Murphy: Declaring October 7, 2001 
"Maura Tierney Day" (Docket No. 1165). 

The matters contained within the Consent Agenda 
were severally adopted. 



NEXT MEETING 

President YANCEY moved that when the Council 
adjourn today, we do so in memory of Stephen 
Balukonis to meet again on Wednesday, October 17, 
2001 at 12:00 noon. 

The motion was carried. 



Adjourned at 4:15 p.m. on motion of President 
Yancey to meet again on Wednesday, October 17, 2001 
at 12:00 noon. 



RECESS 



Note: All debate of City Council eliminated from 
proceedings in accordance with Chapter 447, Acts of 
1947. 



The meeting in Executive Session having been 
adjourned, the members reassembled in the City 
Council Chamber and were called to order by President 
Yancey at 4:00 p.m. 



• 



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CITY OF BOSTON • GRAPHIC ARTS DEPARTMENT *'***>■" 



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CITY COUNCIL 



247 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, October 17, 2001 

Regular meeting of the City Council held in the 
Christopher A. Iannella Council Chamber, City Hall, at 
12:15 p.m., President YANCEY in the Chair and all 
members present. 



INVOCATION 

City Clerk Rosaria Salerno delivered the invocation 
and the meeting was opened with the pledge of alle- 
giance to the flag. 



PRESENTATION BY COUNCILOR HENNIGAN 

Councilor Hennigan presented a resolution to Joseph 
M. Fleming for his nomination of the 2001 Henry L. 
Shattuck Public Service award. 



• 



PRESENTATION BY COUNCILOR ROSS 

Councilor Ross presented a resolution to Joseph M. 
Ferrell for his nomination of the 2001 Henry L. 
Shattuck Public Service award. 



PRESENTATION BY COUNCILOR YANCEY 

Councilor Yancey presented a resolution to George A. 
Russell, Jr. for his nomination of the 2001 Henry L. 
Shattuck Public Service award. 



PRESENTATION BY 
COUNCILOR DAVIS-MULLEN 

Councilor Davis-Mullen presented a resolution to 
Edward J. Collins, Jr. for his nomination of the 2001 
Henry L. Shattuck Public Service award. 



PRESENTATION BY COUNCILOR KELLY 

Councilor Kelly presented a resolution to George E. 
Billotte, Jr. for his nomination of the 2001 Henry L. 
Shattuck Public Service award. 



PRESENTATION BY COUNCILOR FEENEY 

Councilor Feeney presented a resolution to Paul J. 
Casilli for his nomination of the 2001 Henry L. Shattuck 
Public Service award. 



PRESENTATION BY COUNCILOR TURNER 

Councilor Turner presented a resolution to Joyce 
Parker for her nomination of the 2001 Henry L. 
Shattuck Public Service award. 



• 



PRESENTATION BY COUNCILOR MURPHY 

Councilor Murphy presented a resolution to William 
"Sid Walsh" Reane for his nomination of the 2001 
Henry L. Shattuck Public Service award. 



PRESENTATION BY 
COUNCILORS SCAPICCHIO AND ROACHE 

Councilors Scapicchio and Roache presented a reso- 
lution to Richard Weintraub for his nomination of the 
2001 Henry L. Shattuck Public Service award. 



PRESENTATION BY COUNCILOR CONLEY 

Councilor Conley presented a resolution to Paulette 
Nelson-Squires for her nomination of the 2001 Henry L. 
Shattuck Public Service award. 



PRESENTATION BY 
COUNCILORS FLAHERTY AND ROACHE 

Councilors Flaherty and Roache presented a resolu- 
tion to Samuel R. Tyler as representative of the Boston 
Municipal Research Bureau for its nomination of the 
2001 Henry L. Shattuck Public Service award. 



PRESENTATION BY COUNCILOR HONAN 

Councilor Honan presented a resolution to Michael 
Riley for his nomination of the 2001 Henry L. Shattuck 
Public Service award. 



PRESENTATION BY COUNCILOR FEENEY 

Councilor Feeney presented a resolution to Kevin 
Monahan and Principal Mary Russo of the Murphy 
School in Dorchester for the accomplishments they have 
made in succeeding in starting the K2 through Grade 8 
school. 



ORDER AUTHORIZING COMMISSIONER ON 
AFFAIRS OF ELDERLY TO APPLY FOR, 
ACCEPT AND EXPEND GRANT OF $65,000 
FROM PUBLIC HEALTH COMMISSION AND 
BOSTON MEDICAL CENTER FOR OPERA- 
TION OF REACH 2010 PROGRAM (DOCKET 
NO. 1169) 

The following was received: 



City of Boston 
Office of the Mayor 



To the City Council. 
Dear Councillors: 



October 15,2001 



I transmit herewith for your approval an order autho- 
rizing the Commissioner on Affairs of the Elderly to 
apply for, accept, and expend on behalf of the City of 
Boston, Sixty Five Thousand Dollars ($65,000) from 
the Boston Public Health Commission and Boston 
Medical Center. These funds are made available to the 
City from the United States Department of Health and 
Human Services and will be used for operation of the 
Reach 2010 program. 

1 urge your Honorable Body to pass this order as soon 
as possible so that these funds may be expended expe- 
ditiously. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That, pursuant to M.GL. c.44 § 53A, the 
Commissioner on Affairs of the Elderly, acting on 
behalf of the City of Boston be, and herby is authorized 
to apply for, accept and expend grant funds in an 



248 



CITY COUNCIL 



amount not to exceed Sixty-five Thousand dollars 
($65,000.) from the United States Department of Health 
and Human Services and distributed by the Boston 
Public Health Commission and Boston Medical Center, 
for the period September 30, 2000 through September 
29, 2001 for the assistant in the development of the 
Reach 2010 program a Community Action Plan to 
address health discrepancies of older African American 
residents of Boston with regards to cardiovascular dis- 
ease, diabetes and adult immunizations. 
Referred to the Committee on Elderly. 



ORDER AUTHORIZING COMMISSIONER ON 
AFFAIRS OF ELDERLY TO APPLY FOR, 
ACCEPT AND EXPEND GRANT OF $120,750 
FROM NATIONAL SENIOR SERVICES 
CORPS FOR OPERATION OF RETIRED 
SENIOR VOLUNTEER PROGRAM (DOCKET 
NO. 1170) 

The following was received: 



City of Boston 
Office of the Mayor 



To the City Council 
Dear Councillors: 



October 15,2001 



I transmit herewith for your approval, an order autho- 
rizing the Commissioner on Affairs of the Elderly to 
apply for, accept and expend on behalf of the City of 
Boston, One Hundred and Twenty Thousand Seven 
Hundred Fifty Dollars ($ 120,750.00) for the operation 
of the Retired Senior Volunteer Program in the City of 
Boston. Funds are made available to the City from the 
National Senior Service Corps, the Federal volunteer 
agency authorized under the Domestic Volunteer Act of 
1973 (42U.S.C. 5013) 

These funds will be used to pay salaries of staff man- 
aging the program with 815 senior volunteers. I urge 
your Honorable Body to pass this order at its earliest 
convenience. 

Sincerely 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the Commissioner on Affairs of the 
Elderly, acting on behalf of the City of Boston be, and 
hereby is authorized to apply for grant funds in the 
amount of one hundred and twenty thousand seven hun- 
dred and fifty dollars ($120,750) under the Domestic 
Volunteer Service Act of 1973 (42 U.S.C. 5013) from 
ACTION, the federal volunteer agency, for the opera- 
tion of a Retired Senior Volunteer Program in the City 
of Boston, for the period of January 1, 2001 through 
December 31, 2001 in connection therewith, to execute 
and deliver such documents as may be required by the 
federal government; to act as the authorized representa- 
tive of the City of Boston in connection with said appli- 
cation; and, in accordance with GL. c.44, sec. 53A, to 
accept and expend such funds for the purposes for 
which granted. 

Referred to the Committee on Elderly. 



JITNEY APPLICATION (DOCKET NO. 1171) 

Petition was received from Boxer Corporation d/b/a 
Action Transportation for license to operate motor vehi- 
cles for the carriage of passengers for hire over certain 
streets in Boston. 

Referred to the Committee on Transportation. 



(DOCKET NO. 1172) 

The Constables' Bonds of the following, having been 
duly approved by the Collector-Treasurer, were received 
and approved: 

Anthony J. Giannetti 
Mark C. Gaisford 
Michael A. Lopes 



NOTICE FROM CITY CLERK RE: ACTIONS 
TAKEN BY MAYOR ON PAPERS ACTED 
UPON BY CITY COUNCIL AT ITS SEPTEM- 
BER 13, 2001 MEETING (DOCKET NO. 1173) 

The following was received: 

City of Boston 
Office of the City Clerk 



October 12,2001 



To the City Council. 
Councilors: 



In accordance with Chapter 6 of the Ordinances of 
1979, 1 hereby notify you of the following actions taken 
by the Mayor with regard to the papers acted upon by 
the City Council at its meeting of September 13, 2001, 
VIZ: 

0949 Order to reduce the appropriation for the Reserve 
for Collective Bargaining by $69,736 to provide 
funding in the Graphic Arts Department for the 
collective bargaining agreements with the 
Graphic Communications International Union. 

Approved by the Mayor September 18, 2001 . 

0950 Order approving a supplemental appropriation of 
$69,736 to cover the FY02 cost of the collective 
bargaining agreements in the Graphic Arts 
Department with the Graphic Communications 
International Union. 

Approved by the Mayor September 18, 2001. 

0951 Order to reduce the appropriation for the Reserve 
for Collective Bargaining by $791,493 to provide 
funding in the School Department for the cost 
items contained within the principal/headmaster 
and management agreements. 

Approved by the Mayor September 18, 2001. 

0952 Order approving a supplemental appropriation of 
$791,493 for the Public Schools for FY02 to 
cover the cost items contained within the princi- 
pal/headmaster and management agreements. 

Approved by the Mayor September 18, 2001. 

0953 Order authorizing the Police Department to accept 

and expend an award of $80,000 in the form of a 
Department of Justice Office of Community 
Oriented Policing Services grant, for the purpose 
of an Integrity Curriculum Development through 
the Regional Community Policing Institute/New 
England. 
Approved by the Mayor September 18, 2001. 

1020 Order approving an appropriation of $28,814.99 
for the Library of Last Recourse. Approved by the 
Mayor September 18, 2001. 
Approved by the Mayor September 18, 2001. 

1022 4 Constable's Bonds: Luis A. Burgos Jr., Brian 
Manganello, Vincent Manganello and Marvin D. 
Minor Sr.,. 
Approved by the Mayor September 18, 2001. 



APPROVAL OF CONSTABLES' BONDS 



1031 Order accepting the provisions of Section 159 of 



• 



OCTOBER 17,2001 



249 



Chapter 127 of the Acts 1999. 
Message disapproving filed October 1, 2001. 

Very truly yours, 

Rosaria Salerno, 

City Clerk. 
Placed on file. 



NOTICE FROM CITY CLERK RE: ACTIONS 
TAKEN BY MAYOR ON PAPERS ACTED 
UPON BY CITY COUNCIL AT ITS SEPTEM- 
BER 19,2001 MEETING (DOCKET NO. 1174) 

The following was received: 

City of Boston 
Office of the City Clerk 



To the City Counci 
Councilors: 



October 12,2001 



In accordance with Chapter 6 of the Ordinances of 
1979, I hereby notify you of the following actions taken 
by the Mayor with regard to the papers acted upon by 
the City Council at its meeting of September 19, 2001, 



1019 Order approving a supplemental appropriation of 

$343,736 to cover the FY02 costs in the Public 

Health Commission of the collective bargaining 

agreement with Local 285, Public Health Nurses. 

Approved by the Mayor September 24, 2001. 

1089 Order approving a supplemental appropriation of 
$401,435 to cover the FY02 costs in the Boston 
Community Centers of the collective bargaining 
agreement with Local 285. 

Approved by the Mayor September 24, 2001 . 

1090 Order authorizing the Environment Department to 
accept and expend a grant of $4,800 from the 
Massachusetts Historical Commission to be used 
as a component of the Boston Landmarks 
Commission's contract of preparation of a 
National Register Nomination for the Clam Point 
Neighborhood, Phase I of a survey of Beacon 
Hill, and the design, printing and distribution of 
Exploring Boston's Neighborhoods Brochures. 

Approved by the Mayor September 24, 2001. 

1099 41 Constable's Bonds 
Approved by the Mayor October 2, 2001. 

Very truly yours, 

Rosaria Salerno, 

City Clerk. 
Placed on file. 



NOTICE FROM CITY CLERK RE: ACTIONS 
1AKEN BY MAYOR ON PAPERS ACTED 
UPON BY CITY COUNCIL AT ITS SEPTEM- 
BER 26, 2001 MEETING (DOCKET NO. 1175) 

The following was received: 

City of Boston 
Office of the City Clerk 



• 



To the City Council. 
Councilors: 



October 12,2001 



the City Council at its meeting of September 26, 2001, 
viz: 

092 1 Order authorizing the Police Department to accept 

a gift of 30 mimio units and related software val- 
ued at approximately $27,180 from Virtual Ink 
Corporation. 
Approved by the Mayor October 2, 2001. 

0922 Order authorizing the Police Department to accept 

and expend $30,000 in the form of a Local Law 
Enforcement Systems Improvement grant from 
the Executive Office of Public Safety. 
Approved by the Mayor October 2, 2001. 

0999 Order authorizing the Fire Department to accept 
and expend a grant of $100,000 from the 
Massachusetts State Wide Coalition for Juvenile 
Firesetter Intervention Programs for the education 
and rehabilitative treatment of juvenile firesetters. 

Approved by the Mayor October 2, 2001. 

1000 Order authorizing the Police Department to accept 

and expend a grant of $350,000 from the 
Department of Justice, Violence Against Women 
Office for continuing the No Next Time Initiative, 
a comprehensive community policing strategy 
aimed at preventing and reducing domestic vio- 
lence victimization. 
Approved by the Mayor October 2, 2001. 

1001 Order authorizing the Police Department to accept 

and expend $50,000 from the Executive Office of 
Public Safety, Edward Byrne Memorial State and 
Local Law Enforcement Assistance program 
grant, for the purpose of implementing the "New 
Horizons for Youth" initiative, an after school 
program at the Thompson Middle School. 
Approved by the Mayor October 2, 2001. 

1002 Order authorizing the Police Department to accept 

and expend a grant of $97,179 from the 
Department of Justice, Office of Juvenile Justice 
and Delinquency Prevention "Drug Free 
Communities Support Program", for implement- 
ing the South Boston Community Coalition to 
Prevent Substance Abuse. 
Approved by the Mayor October 2, 2001. 

1003 Order authorizing the Police Department to accept 

and expend a grant of $5,000 from the John 
Hancock Life Insurance Company, for educating 
public school children on drug awareness and 
resistance, as well as D.A.R.E. activities with 
trained police officers. 
Approved by the Mayor October 2, 2001. 

1004 Order authorizing the Police Department to accept 

and expend $100,000 from the Executive Office 
of Public Safety in the form of an Edward Byrne 
Memorial State and Local Law Enforcement 
Assistance Program grant, for the benefit of the 
Female Focus Initiative Program. 
Approved by the Mayor October 2, 2001. 

Very truly yours, 

Rosaria Salerno, 

City Clerk. 
Placed on file. 



In accordance with Chapter 6 of the Ordinances of 
1979, I hereby notify you of the following actions taken 
by the Mayor with regard to the papers acted upon by 



REAPPOINTMENT BY THE MAYOR 
(DOCKET NO. 1176) 

Notice was received from the Mayor of the re- 
appointment of Vivian Leo as temporary Collector 
Treasurer for a period not to exceed 60 days. 

Placed on file. 



250 



CITY COUNCIL 



REPORT ON ORDER APPROVING PETITION FOR 
SPECIAL LAW RE: ACT AUTHORIZING CER- 
TAIN AMENDMENTS TO HOUSING AND 
EMPLOYMENT EXACTION REQUIRE- 
MENTS (LINKAGE) WITH RESPECT TO 
LARGE-SCALE COMMERCIAL REAL 
ESTATE DEVELOPMENT (DOCKET NO. 
1115) 

Councilor FEENEY, on behalf of the Committee on 
Housing, submitted the following: 

Report on Docket No. 1115, message of the Mayor 
and order approving a petition for a Special Law re: an 
act authorizing certain amendments to the Housing and 
Employment Exaction Requirements (Linkage) with 
respect to large-scale Commercial Real Estate Devel- 
opment (referred September 26) - recommending pas- 
sage of the order. 

The report was accepted; the order was passed. 

Later in the session, Councilor FEENEY moved to 
amend the Committee Report by striking the word 
"retroactively." 

The motion prevailed. 



RESOLUTION SUPPORTING SENATE BILL 2126 
WHICH WILL GUARANTEE BENEFITS TO 
ALL RESERVIST EMPLOYEES OF COM- 
MONWEALTH CALLED TO ACTIVE DUTY 
(DOCKET NO. 1177) 

Councilors ROACHE, ROSS, FLAHERTY, MUR- 
PHY, HENNIGAN, HONAN, KELLY, SCAPICCHIO, 
CONLEY, DAVIS-MULLEN, YANCEY and TURNER 
offered the following: 

WHEREAS: Many employees in the City of Boston 
are also members of a reserve component of the armed 
forces of the United States currently being summonsed 
to active duty; and 

WHEREAS: In response, Mayor Thomas M. Menino 
has reissued an executive order directing all City of 
Boston Departments to pay reservist employees called 
to active duty full wages minus military compensation 
and to maintain the current group rate in the City's 
Health Benefit Program; and 

WHEREAS: It is imperative that all reservist employ- 
ees of the Commonwealth of Massachusetts, who are 
called to duty in this time of crisis are guaranteed their 
regular wages, thereby ensuring that actual earnings 
shall not decrease; and 

WHEREAS: Senator Joan M. Menard, in filing 
Senate Bill 2126, seeks to guarantee the preservation of 
full wages, health and retirement benefits of all active 
reservists employed by the Commonwealth; Therefore 
be it 

RESOLVED: That Boston City Council supports 
Senate Bill 2126, so as to guarantee that all reservist 
employees of the Commonwealth called to active duty 
are afforded regular wages, health and retirement bene- 
fits while protecting the freedoms of Boston, the 
Commonwealth of Massachusetts and the United States 
of America. 

On motion of Councilor ROACHE, the rules were 
suspended; the resolution was adopted. 



ORDER DIRECTING POLICE DEPARTMENT TO 
HIRE 300 MORE POLICE OFFICERS IMME- 
DIATELY (DOCKET NO. 1 1 78) 

Councilor DAVIS-MULLEN, HENNIGAN, FEEN- 
EY, ROACHE, SCAPICCHIO, YANCEY and TURN- 
ER offered the following: 



Whereas, During the past month, there has been an 
alarming increase in shootings, violent crime and mur- 
der in the city of Boston, and 

Whereas, The murder rate in the City of Boston, cur- 
rently at 54, is 50% higher than it was at this time in the 
year 2000, and 

Whereas, Law Enforcement experts have made state- 
ments that a direct correlation can be made between the 
recent release of previously incarcerated violent crimi- 
nals and the rise in violent crime, and 

Whereas, The President of the United States of 
America and Congress have issued warnings that all 
cities and states should prepare for and be put on high 
alert, and 

Whereas, Law enforcement officials have recom- 
mended that in order to stem the increase in violent 
crime and meet the criteria set forth by our government, 
the City of Boston needs to add more police on the 
street, and 

Whereas, The Boston Police Department cannot ful- 
fill the recommendation of putting more police on the 
streets because the department is experiencing an 
unusually high amount of retirements and turnover in 
police personnel, and 

Whereas, There are many worthy candidates waiting 
in line to come to the aid of our city, therefore be it 

Ordered, That, in the best interest of the safety of the 
public, the Boston Police Department expand the nor- 
mal class size of 50 police recruits and immediately 
train and hire a class of 300 police candidates to fill and 
exceed the expected void of police officers available to 
patrol our streets. 

Referred to the Committee on Public Safety. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1179) 

Councilor YANCEY offered the following: 

Ordered: That effective Saturday, September 29, 
2001. the following named person be, and hereby is, 
appointed to the position set against their name until 
Friday, December 28, 2001: 

Sarah Resnick, Administrative Assistant, $350.00, full time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 1180) 

Councilor YANCEY offered the following: 

Ordered: That effective Saturday, October 13, 2001, 
the following named person be, and hereby is, appointed 
to the position set against their name until Friday, 
October 19,2001: 

Leann Bowman, Secretary, $3,913.25, full time. 

Dennis P. Dwyer, Administrative Asst., $3,826.71, full time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 1181) 

Councilor YANCEY offered the following: 

Ordered: That effective Saturday, October 20, 200 1 , 
the following named person be, and hereby is, appointed 
to the position set against their name until Friday, 
December 28, 2001: 

Leann Bowman Secretary $788.47 full time. 

Dennis P. Dwyer Administrative Asst. $701.93 full time. 



OCTOBER 17, 2001 



251 



Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 1182) 

Councilor YANCEY offered the following: 

October 17,2001 

ORDERED: That effective Saturday, October 13. 
2001 the following named person be and hereby is 
appointed to the position set against their name until 
January 4, 2002: 



Diane Albano 


Adm. Asst. 


$699.24 


full time 


Maria S. Bunuan 


Secretary 


$300.00 


full time 


Mark A. Chardavoyne 


Secretary 


$637.83 


full time 


Adriana Cillo 


Secretary 


$708.82 


full time 


Samuel S. Conti 


Secretary 


$575.00 


full time 


Helena Creamer 


Adm. Asst 


$961.54 


full time 


Danielle Daddabbo 


Adm. Asst. 


$300.00 


part time 


Janet M. Doherty 


Secretary 


$345.65 


part time 


Louis A. Elisa 


Secretary 


$600.00 


part time 


John R. Flavin 


Secretary 


$300.00 


part time 


Danielle M. Flynn 


Secretary 


$600.00 


full time 


Lorraine E. Fowlkes 


Secretary 


$860.92 


full time 


Annmarie Geary 


Secretary 


$457.75 


part time 


Carolyn Geary 


Adm. Asst. 


$986.73 


full time 


Alex Geourntas 


Secretary 


$496.17 


full time 


Katherine P. Gillen 


Secretary 


$670.50 


full time 


James P. Gordon 


Secretary 


$891.46 


full time 


John P. Hannigan 


Adm. Asst. 


$1,024.90 


full time 


Joyce L. Holland 


Secretary 


$1,091.96 


full time 


Vincent A. LaBella 


Adm. Asst. 


$1,038.47 


full time 


Bemadette Lally 


Secretary 


$350.00 


part time 


Michael F. Larkin 


Secretary 


$1,035.16 


full time 


Carol A. Mullen-Maguire 


Secretary 


$500.00 


full time 


Aoibhean McDermott 


Secretary 


$358.00 


part time 


Thomas M. McDonough Adm. Asst. 


$670.50 


full time 


Patricia A. Miller 


Adm. Asst. 


$634.62 


full time 


Michael Moran 


Secretary 


$375.00 


full time 


George Morancy 


Adm. Asst. 


$996.17 


full time 


Michelle Morrison 


Secretary 


$766.28 


full time 


Robert J. Noto, Jr. 


Adm. Asst. 


$625.00 


full time 


Laura O'Brien 


Secretary 


$696.16 


full time 


Sean T. Pierce 


Adm. Asst. 


$525.00 


full time 


Karen M. Pinckney 


Secretary 


$632.18 


full time 


Marta E. Rivera 


Adm. Asst. 


$814.18 


full time 


Lonnie S. Rosenberg 


Secretary 


$957.85 


full time 


Kathleen M. Ryan 


Adm. Asst. 


$574.72 


full time 


Irene M. Smith 


Adm. Asst. 


$785.44 


full time 


Timothy E. Stack 


Secretary 


$287.40 


part time 


Constance Sullivan 


Adm. Asst. 


$172.42 


part time 


Kathleen Sullivan 


Adm. Asst. 


$814.20 


full time 


Paul J. Walkowski 


Adm. Asst. 


$958.57 


full time 


Richard Wood 


Adm. Asst. 


$336.00 


part time 


Kenneth W. Yarbrough 


Secretary 


$622.61 


full time 


Angela S. Yarde 


Adm. Asst. 


$840.43 


full time 


Marilyn Brambilla 


Bus. Mgr. 


$908.01 


full time 


Ron Cobb 


City Msg. 


$815.25 


full time 


Ann Hess 


Staff Dir. 


$1,211.54 


full time 


Jennifer Kelley 


Recep. 


$596.51 


full time 


Juan Lopez 


Leg. Asst. 


$881.45 


full time 


Cora F. Montrond 


Leg. Asst. 


$792.31 


full time 


James J. O'Donnell 


Prog.Mgr. 


$961.54 


full time 


Alicia M. Rampulla 


Act. Res. Dir 


. $929.12 


full time 


Lincoln Smith 


Asst. Res. Dir 


. $891.35 


full time 


Sheila C. Temple 


Bud. Dir. 


$1,057.70 


full time 


Gregg A. Tivnan 


Asst. Bud D 


ir. $942.31 


full time 


Passed under suspension of the rules. 





Councilors HENNIGAN, CONLEY, DAVIS- 
MULLEN, FEENEY, FLAHERTY, HONAN, KELLY, 
MURPHY, ROACHE, ROSS, SCAPICCHIO, TURN- 
ER and YANCEY offered the following: 

WHEREAS, Many women in the City of Boston do 
not have regular mammograms due to fear, lack of 
knowledge or conflicting time commitments; and 

WHEREAS, Studies continue to prove that screen- 
ings decrease the risk of mortality and improve the over- 
all well-being of women; and 

WHEREAS, Due to the initiation of the women on 
this body with the support of the male members of the 
Council, the City now has its own mammography van 
which has reached numerous women across the City and 
enabled them to be screened for breast cancer; and 

WHEREAS, Boston is known throughout the world 
as for its strong reputation for education and excellent 
medical care; and 

WHEREAS, Breast cancer screening methods and 
the technology used for diagnosis of breast cancer has 
been vastly improved in recent years; and 

WHEREAS, The Boston City Council has been on 
record for many years in support of increased outreach 
for services to many of Boston's poorest neighborhoods 
for the purposes of better educating the community of 
services available to them with regard to breast health 
and screening; and THEREFORE BE IT 

RESOLVED: That the Boston City Council, in meet- 
ing assembled, hereby declares the month of October, 
2001 as Breast Cancer Awareness Month in the City of 
Boston. 

On motion of Councilor HENNIGAN, the rules were 
suspended; the resolution was adopted. 



ORDER FOR HEARING TO ASSESS HOW GUIDE- 
LINES FOR OBTAINING RESIDENT PARK- 
ING PROGRAM CAN BE MADE CLEARER 
AND PUT INTO WRITTEN FORM SO RESI- 
DENTS WILL HAVE LESS DIFFICULTY 
SECURING SUCH PROGRAMS FOR THEIR 
NEIGHBORHOODS (DOCKET NO. 1 1 84) 

Councilors TURNER, SCAPICCHIO, ROSS, 
DAVIS-MULLEN, FEENEY, HENNIGAN, HONAN, 
FLAHERTY, MURPHY, ROACHE, YANCEY and 
KELLY offered the following: 

WHEREAS, Parking conditions are becoming more 
difficult in neighborhoods throughout Boston; and 

WHEREAS, There is growing interest on the part of 
residents to secure Resident Parking Programs for their 
neighborhoods; and 

WHEREAS, The guidelines for securing such pro- 
grams are unclear and unwritten; and 

WHEREAS, The absence of clear guidelines has led 
to frustration on the part of those who have attempted 
unsuccessfully to secure such programs; THEREFORE 
BEIT 

ORDERED: That the appropriate Committee of the 
City Council hold a hearing to assess how the guidelines 
for obtaining Resident Parking Program can be made 
clearer and put into written form so that residents will 
have less difficulty securing such programs for their 
neighborhoods; and BE IT FURTHER 

ORDERED: That the Commissioner of the 
Transportation Department be requested to come to lead 
the discussion on this issue. 

Referred to the Committee on Transportation. 



RESOLUTION DECLARING MONTH OF OCTO- 
BER 2001 AS "BREAST CANCER AWARE- 
NESS MONTH" IN CITY (DOCKET NO. 1 1 83) 



ORDER FOR HEARING ON DELETION OF NAMES 
FROM BOSTON'S VOTING LIST (DOCKET 
NO. 1185) 

Councilor YANCEY offered the following: 



252 



CITY COUNCIL 



Whereas, The Election Commissioner of the City of 
Boston informed the Boston City Council that thou- 
sands of names of registered voters will be deleted from 
the City's voting list; and 

Whereas, The Boston City Council held a number of 
hearings as a result of complaints received from voters 
who were not allowed to vote in last year's election; and 

Whereas, The City of Boston should encourage and 
not discourage participation of all eligible citizens in our 
democratic process; Be It Therefore 

Ordered, That the appropriate Committee of the 
Boston City Council conduct an expeditious hearing 
concerning the decision of the Election Department to 
drop thousands of names before the November 6, 2001 
election; and Be It Further 

Ordered, The Election Commissioner and the public 
be invited to testify. 

Referred to the Committee on Census and Redi- 
sricting. 



Referred to the Committee on Public Health 



ORDER FOR HEARING TO DISCUSS MAYOR'S 
PLAN TO UPGRADE SECURITY AT CITY 
HALL (DOCKET NO. 1 1 86) 

Councilors DAVIS-MULLEN, HENNIGAN, MUR- 
PHY, FEENEY, YANCEY, ROACHE, TURNER, 
HONAN and YANCEY offered the following: 

Whereas: The Mayor of the City of Boston has 
announced that he is going to spend $225,000 in a bold 
plan to upgrade security at Boston City Hall to protect 
the Mayor's office, the City Council and other depart- 
ments of the mayor against terrorist plots or attacks, and 

Whereas: After speaking with members of the Boston 
Police and the Boston Police Patrolmen's Association, 
there is concern that these measures are not enough to 
protect the safety and peace of the entire public, and 

Whereas: According to members of the Boston Police 
Department, The City of Boston currently has 

• only one active bomb-sniffing dog, and no cadaver- 
sniffing canines, 

• Members of the Boston Police Department who 
have very limited or no training when it comes to ter- 
rorist or bio-terrorist attacks, 

• Only 160 police officers have been issued gas 
masks, and all of these gas masks are not equipped or 
are missing the filter component of the gas mask, and 

• Not including the most recent recruiting class of 
Boston Police, there are only 1,436 patrolmen in the 
City of Boston, and 

Whereas: Although the Boston Police Department 
has special units trained to deal with drugs, gangs and 
community disorders, as well as other areas of public 
safety importance, there is no special investigative unit 
trained to deal with terrorist threats, activities or sus- 
pects, and 

Whereas: There is no known organized blood collec- 
tion drive in city buildings, requiring city workers who 
wish to donate blood to any disaster relief to travel to 
other areas in the city to donate blood, therefore be it 

Ordered: That the Boston City Council conduct a 
public hearing to discuss the following recommenda- 
tions: 

• Creating and training a special unit to investigate 
terrorist activities 

• Educate and train all members of the Boston Police 
Department, including incoming recruits, the proper 
method to deal with any future terrorist attacks 

• Recruit, hire and train more police officers 

• Purchase and distribute equipment that will protect 
officers investigating or responding to chemical emer- 
gencies 

• Recruit and train at least 12 canines for the specific 
purpose of detecting bombs or cadavers 

• Setting up blood drives in city buildings, including 
City hall, for employees who wish to donate blood 



LATE-FILED MATTERS 

The Chair stated that, in absence of objection, 2 late- 
filed matters would be added to the Agenda. 

No objection being heard, the following matters were 
added: 

ORDER FOR HEARING TO ACCESS HOW ONGO- 
ING MILITARY CALL-UP IS AFFECTING 
AND WILL CONTINUE TO AFFECT CITY'S 
PUBLIC SAFETY PREPREDNESS AND 
DETERMINE WHETHER CITY OF BOSTON 
WILL NEED TO HIRE ADDITIONAL PUBLIC 
SAFETY PERSONNEL (DOCKET NO. 1204) 

Councilor FLAHERTY offered the following: 

WHEREAS: The nation's public safety officials have 
been heavily burdened since the tragic events of 
September 11, 2001; and 

WHEREAS: The City of Boston has been directly 
impacted by the vastly increased security requirements 
made necessary by the nature immediacy of the threats 
our city and our nation are facing; and 

WHEREAS: Because of the clear and present danger 
to our nation and the consequent heightened public 
safety requirements, thousands of individuals have been 
called to active duty with the national guard and reserve; 
and 

WHEREAS: Many of these individuals are police 
officers, fire fighters and emergency medical techni- 
cians, who have been required to leave their regular jobs 
to take up service to the nation; and 

WHEREAS: The active duty status of these individu- 
als will likely continue for a prolonged period of time; 
then therefore be it hereby 

ORDERED: That the Boston City Council conduct a 
hearing to access how the ongoing military call-up is 
affecting and will continue to affect the city's public 
safety preparedness, and to determine whether the City 
of Boston will need to hire additional public safety per- 
sonnel. 

Referred to the Committee on Public Safety. 



RESOLUTION THAT CITY COUNCIL VOTE TO 
EXPRESS SUPPORT AND COMMITMENT TO 
PRESIDENT, CONGRESSIONAL LEADERS 
WHETHER DEMOCRAT OR REPUBLICAN 
AND POLICIES WHICH THEY NOW PURSUE 
IN PROTECTING OUR NATION FROM FUR- 
THER ACTS OF TERRORISM (DOCKET NO. 
1205) 

Councilors SCAPICCHIO, KELLY, MURPHY, 
FEENEY, ROACHE, HENNIGAN, ROSS, HONAN, 
FLAHERTY, CONLEY and YANCEY offered the fol- 
lowing: 

Whereas: The United States of America, was treach- 
erously attacked by terrorists on September 11, 2001; 
and 

Whereas: Thousands of American lives were lost, and 
millions of American families have been affected by the 
tragic events; and 

Whereas: We need to come together as a nation, state, 
and city in trying times such as these and stand behind 
our leaders; therefore be it 

Resolved: That we, the Boston City Council, herein 
assembled, vote to express our support and commitment 
to the President, our Congressional leaders whether 
Democrat or Republican and the policies which they 
now pursue in protecting our Nation from further acts of 
terrorism. 

On motion of Councilor SCAPICCHIO, the resolu- 



OCTOBER 17, 2001 



253 



tion was adopted; yeas 12, nays 1: 

Yeas - Councilors Conley, Davis-Mullen, Feeney, 
Flaherty, Hennigan, Honan, Kelly, Murphy, Roache, 
Ross, Scapicchio, Yancey - 12. 

Nays - Councilor Turner - 1 . 



ORDER AUTHORIZING ENVIRONMENT DEPART- 
MENT TO ACCEPT AND EXPEND GRANT 
OF $45,000 FROM MASSACHUSETTS HIS- 
TORICAL COMMISSION TO SUPPORT 
ARCHEOLOGICAL PLANS FOR RAINS- 
FORD ISLAND, NATIONAL REGISTER DIS- 
TRICT NOMINATION FOR SAVIN HILL AND 
PHASE II OF BEACON HILL SURVEY 
(DOCKET NO. 0998) 

Councilor MURPHY called Docket No. 0998 from 
the Committee on Historic Preservation. 

Hearing no objection, the matter was before the body. 

On motion of Councilor Murphy, the order was 
passed. 




CONSENT AGENDA 

The Chair moved adoption of a Consent Agenda in 
which the following-named Councilors offered resolu- 
tions of a condolence or congratulatory nature as set 
forth after each Councilor's name: 

Councilor Conley: Congratulating 6 persons for their 
service and commitment to the Police Department 
(Docket No. 1 187); Congratulating Francis and Thelma 
Riley (Docket No. 1188). 

Councilor Scapicchio: Honoring Frederick C. "Fred" 
Langone (Docket No. 1 1 89). 

Councilor Honan: Declaring October 9, 2001 
"Imagine Day" (Docket No. 1 190). 

Councilor Yancey: Congratulating Joyce B. Parker 
(Docket No. 1 191). 

Councilors Roache and Kelly: Honoring Stefan 
Cardinal Wyszynski (Docket No. 1192). 

Councilors Yancey and Turner: Congratulating 
Agatha Howard (Docket No. 1 1 93); Congratulating 
Revision House (Docket No. 1194); Congratulating 
James E. Guilford, Jr. (Docket No. 1195); 
Congratulating Reverend Jacqueline King (Docket No. 
1196); Congratulating Victoria Howard Robinson 
(Docket No. 1197). 

Councilor Conley: Congratulating Ted Paragios 
(Docket No. 1198). 

Councilor Yancey: Congratulating Donald Corey 
(Docket No. 1199); Congratulating Al and Minnie 
Patilla (Docket No. 1200). 

Councilors Yancey and Turner: Congratulating 
Mother Jacqueline Langham (Docket No. 1201); 
Congratulating Bishop Hurshel N. Langham (Docket 
No. 1202); Congratulating 22 persons receiving the 
ABCD's Community Service Award (Docket No. 1203). 

The Chair stated that in the absence of objection, one 
late-filed matter would be added to the Consent Agenda. 

No objection being heard, the following matter was 
added: 



Councilor Yancey: Congratulating 12 persons who 
received the 2001 Henry L. Shattuck Public Service 
Award (Docket No. 1206); Congratulating 12 persons 
from Sekondi-Sister City (Docket No. 1207). 

The matters contained within the Consent Agenda 
were severally adopted. 



STATEMENT OF COUNCILOR FEENEY 

Having unanimous consent to do so, Councilor 
Feeney wanted to publicly congratulate Congressman 
Elect Stephen Lynch winning the election last night and 
on behalf of all the Council members wished him well 
in his new job. 



ORDER APPROVING APPROPRIATION OF 
$150,000 TO MASSACHUSETTS DEPART- 
MENT OF ENVIRONMENTAL MANAGE- 
MENT FOR PURPOSE OF CONSTRUCTING 
NEW UNIVERSAL ACCESS RAMP FACILITY 
AT SPECTACLE ISLAND PARK PIER 
(DOCKET NO. 1135) 

Councilor ROSS called Docket No. 1135 from the 
Committee on Environment. 

No objection being heard, the matter was before the 
body. 

On motion of Councilor ROSS, the order was 
passed. 



STATEMENT OF COUNCILOR KELLY 

Having unanimous consent to do so, Councilor Kelly 
asked when we adjourn today, we do so in memory of 
longtime resident of South Boston and co-sheet metal 
worker Joseph Watts. 



STATEMENT OF COUNCILOR HENNIGAN 

Having unanimous consent to do so, Councilor 
Hennigan asked when we adjourn today, we do so also 
in memory of Riley Rufus "Jimmy" Haley, Mildred 
Haley's husband. 



STATEMENT OF PRESIDENT YANCEY 

President Yancey informed the Council members that 
this week Boston would be visited by a delegation of 
elected officials and business officials from the City of 
Sedandi Tukrati with a ceremony taking place at the 
Parkman House. 



Adjourned at 3:00 p.m. in memory of Joseph Watts 
and Riley Rufus "Jimmy" Haley to meet again on 
Wednesday, October 24, 2001 at 12:00 noon. 



Note: All debate of City Council eliminated from 
proceedings in accordance with Chapter 447, Acts of 
1947. 



CITY OF BOSTON • GRAPHIC ARTS DEPARTMENT 



* 



« 



CITY COUNCIL 



263 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, October 31, 2001 

Regular meeting of the City Council held in the 
Christopher A. Iannella Council Chamber, City Hall, at 
12:15 p.m., President YANCEY in the Chair and all 
members present. 



INVOCATION 

City Clerk Rosaria Salerno delivered the invocation 
and the meeting was opened with the pledge of alle- 
giance to the flag. 




ORDER AUTHORIZING POLICE DEPARTMENT 
TO ACCEPT AND EXPEND GRANT OF $5,000 
FROM TUFTS ANIMAL EXPO FOR USE BY 
K-9 UNIT (DOCKET NO. 1236) 

The following was received: 

City of Boston 
Office of the Mayor 

October 26, 2001 
To the City Council. 
Dear Councillors: 

I hereby transmit for your approval an Order autho- 
rizing the City of Boston to accept and expend on behalf 
of the Boston Police Department (Police Department) a 
gift from the Tufts Animal Expo, in the amount of 
$5,000. The Tutfs Animal Expo is a four-day educa- 
tional conference led by Tufts University School of 
Veterinary Medicine at the Hynes Convention Center. 
This year's conference was dedicated to the service dogs 
and their partners who were involved in the rescue 
efforts in New York City. The $5,000 gift will be used 
by the Boston Police K-9 Unit to support the work of 
search and rescue dogs here in Boston. 

I urge your Honorable Body to pass this Order as 
soon as possible so that the City of Boston may accept 
the gift expeditiously and expend them for the purposes 
for which they were granted. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the Mayor, acting on behalf of the 
Boston Police Department and pursuant to the authority 
granted to him under M.GL. c. 44, § 53A and St. 1 854, 
c. 448, § 1 be, and is hereby authorized to accept and 
expend a gift in a sum not to exceed $5,000.00 from 
Tufts Animal Expo. 

Referred to the Committee on Public Safety. 




ORDER AUTHORIZING POLICE DEPARTMENT 
TO ACCEPT AND EXPEND GRANT OF 
$54,313.19 FROM MASSACHUSETTS OF- 
FICE OF THE ATTORNEY GENERAL FOR 
PURPOSE OF TRUANCY PREVENTION PRO- 
GRAM (DOCKET NO. 1237) 

The following was received: 

City of Boston 
Office of the Mayor 

October 18, 2001 



To the City Council. 
Dear Councillors: 

I hereby transmit for your approval an Order autho- 
rizing the City of Boston to accept and expend, on 
behalf of the Boston Police Department - the Dorchester 
Safe Neighborhood Initiative, a grant in the amount of 
$54,313.19 from the Massachusetts Office of the 
Attorney General. This award is made for the purpose of 
a truancy prevention program as well as a Vietnamese 
community relations specialist. The Vietnamese com- 
munity relations specialist will provide outreach ser- 
vices to the Vietnamese Community in Dorchester as a 
part of the Dorchester Safe Neighborhood Initiative. 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City of Boston may accept 
the funds expeditiously and expend them for the pur- 
poses for which they were granted. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the Mayor, acting on behalf of the 
City of Boston Police Department and pursuant to the 
authority granted to him under M.GL. c. 44, § 52A be, 
and is hereby authorized to accept and expend a grant in 
a sum not to exceed $54,313. 19 from the Massachusetts 
Office of the Attorney General. 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING POLICE DEPARTMENT 
TO ACCEPT GIFT OF $19,917 OF SOFTWARE 
AND TRAINING FROM XANALYS, INC. 
(DOCKET NO. 1238) 

The following was received: 

City of Boston 
Office of the Mayor 

October 26, 2001 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an Order autho- 
rizing the City of Boston, on behalf of the City of 
Boston Police Department (Police Department) to 
accept a gift from Xanalys, Inc. The gift includes 
Watson and power case programs software and training 
on how to use the software. The software will be used 
by the Police Department to create, combine, and comb 
internal databases and web-based information. These 
programs will be particularly beneficial to the Police 
Department's Intelligence Unit. 

I urge your Honorable Body to pass this Order as 
soon as possible so that the Police Department may 
install and use the software. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the Mayor, acting on behalf of the 
Boston Police Department and pursuant to the authority 
granted to him under M.GL. c. 44, § 53A and St. 1854, 
c. 448, § 1 be, and is hereby authorized to accept a gift 
of software and training, a gift valued at approximatelv 
$19,917.00, from Xanalys, Inc. 

Referred to the Committee on Public Safety. 



JITNEY APPLICATION (DOCKET NO. 1239) 

Petition was received from M&L System, Inc. for 
license to operate motor vehicles for the carriage of pas- 



264 



CITY COUNCIL 



sengers for hire over certain streets in Boston. 
Referred to the Committee on Transportation. 



COMMUNICATION FROM PAUL C. DEMAKIS, 
STATE REPRESENTATIVE, REGARDING 
RESOLUTION TO SUPPORT HOUSE BILL 
2469 "AN ACT TO PROVIDE FOR A LIVING 
WAGE FOR HUMAN SERVICE WORKERS" 
(DOCKET NO. 1240) 

Communication was received from Paul C. Demakis, 
State Representative, regarding resolution to support 
House Bill 2469 "An act to provide for a living wage for 
human service workers." 

Placed on file. 



ABSENCE OF THE MAYOR (DOCKET NO. 1241) 

Notice was received from the Mayor of his absence 
from the City on October 25, 2001. 
Placed on file. 



COMMUNICATION FROM FORT POINT ASSOCI- 
ATES, INC. RE: PORTSIDE AT PIER ONE AND 
BOSTON SHIPYARD AND MARINA PNF/ENF 
FILING (DOCKET NO. 1242) 

Communication was received from Fort Point 
Associates, Inc. re: Portside at Pier One and Boston 
Shipyard and Marina PNF/ENF filing. 

Placed on file. 



APPROVAL OF CONSTABLES' BONDS 
(DOCKET NO. 1243) 

The Constables' Bonds of Mark Bernard, Daniel L. 
Brower, Stephen Christofono, Luis M. Cruz, Allan G 
Duffy, Sr., Barry W. Gaughran, Joel B. Hurwitz, Frank 
A. Kravitsky, Mark J. Kravitsky, Burton Malkofsky, 
Robert J. Messina, John J.F. Nee, Bryan W. Reardon, 
Franklin Redd, Antonio N. Reese, John J. Roscoe, 
Arthur Smith, having been duly approved by the 
Collector-Treasurer, were received and approved under 
the usual terms and conditions. 



ORDER FOR HEARING TO DETERMINE WHAT 
ADDITIONAL MEASURES CAN BE PUT IN 
PLACE TO HELP REDUCE PROLIFERATION 
OF TOBACCO PRODUCTS AMONG TEENS 
AND OTHER YOUTH IN CITY (DOCKET NO. 
1244) 

Councilors ROACHE, FLAHERTY, HONAN, 
ROSS, SCAPICCHIO, CONLEY, DAVIS-MULLEN, 
FEENEY, HENNIGAN, MURPHY, TURNER and 
YANCEY offered the following: 

WHEREAS: The Boston Public Health Commis- 
sion's Tobacco Control Unit has implemented enforce- 
ment measures against the sale of tobacco to Boston 
teens that have met with some success; and 

WHEREAS: Despite the best efforts of the Boston 
Tobacco Control Unit, the proliferation of tobacco prod- 
ucts, particularly cigarettes, continues to be a problem 
among teens in Boston; and 

WHEREAS: The City's Community Health Centers 
and neighborhood organizations have created education 
and outreach programs, such as Teens Against Tobacco, 
to teach youth and teens the dangers of tobacco; and 

WHEREAS: In addition to enforcement and educa- 
tion, there is a need for further controls to help reduce 
the general proliferation of cigarettes and tobacco prod- 
ucts to protect the health of our City's youth and teens; 



Therefore be it 

ORDERED: That the Boston City Council hold a 
hearing to determine what additional measures can be 
put in place to help reduce the proliferation of tobacco 
products among teens and other youth in the City of 
Boston; be it further 

ORDERED: That the Boston Public Heath 
Commission, The Boston School Department, and all 
relevant City agencies and community health organiza- 
tions be invited to provide testimony. 

Referred to the Committee on Public Health. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1245) 

Councilor YANCEY offered the following: 

Ordered: That effective Thursday, November 8, 2001, 
the following named person be, and hereby is, appointed 
to the position set against their name until Friday, Janu- 
ary 11,2002: 

Felix AiToyo-Montano Administrative Asst. $573.95 full time 

Passed under suspension of the rules. 



ORDINANCE AMENDING CITY COUNCIL 
ELECTORAL DISTRICTS (DOCKET NO. 1246) 

Councilor TURNER offered the following: 

City of Boston 
In the Year Two Thousand and One 

AN ORDINANCE AMENDING CITY COUNCIL 
ELECTORAL DISTRICTS 

Be it ordained by the City Council of Boston, as fol- 
lows: 

City of Boston Code, Ordinances, Chapter Two be 
amended by striking 2-9.2 in its entirety and replacing it 
with the following new language: 

The districts redrawn under the authority of Chapter 
605 of the Acts of 1982 as amended by Chapter 343 of 
the Acts of 1986 are hereby redrawn, as follows: 

District 1 - Consisting of precincts numbered one 
through fourteen of Ward One; precincts numbered one 
through seven of Ward Two; and precincts numbered 
one through five of Ward Three. 

District 2 - Consisting of precincts numbered seven 
and eight of Ward Three; precincts numbered one 
through four of Ward Four; precinct numbered one of 
Ward Five; precincts numbered one through nine of 
Ward Six; precincts numbered one through eight of 
Ward Seven; precincts numbered one and two of Ward 
Eight; and precincts numbered one and two of Ward 
Nine. 

District 3 - Consisting of precinct number fifteen of 
Ward One; precincts numbered three, and six through 
ten of Ward Thirteen; precincts numbered one through 
nine of Ward Fifteen; precincts numbered one through 
twelve of Ward Sixteen; and precincts numbered four, 
and eleven through fourteen of Ward Seventeen. 

District 4 - Consisting of precincts numbered two, 
four through fourteen of Ward Fourteen; precincts num- 
bered one through three, and six through ten of Ward 
Seventeen; and precincts numbered one through five, 
and twenty-one of Ward Eighteen. 

District 5 - Consisting of precincts numbered ten 



• 



OCTOBER 31, 2001 



265 



through twelve, sixteen through twenty, and twenty- 
three of Ward Eighteen; precinct two of Ward Nineteen; 
precincts numbered one through twenty of Ward 
Twenty. 

District 6 - Consisting of precincts numbered six 
through nine of Ward Ten; precincts numbered four 
through ten of Ward Eleven; precincts numbered six 
through nine, thirteen through fifteen, and twenty-two 
of Ward Eighteen; and precincts numbered one, three 
through thirteen of Ward Nineteen. 

District 7 - Consisting of precincts numbered eight 
and nine of Ward Four; precincts numbered nine and ten 
of Ward Seven; precincts numbered three through seven 
of Ward Eight; precincts numbered three through five of 
Ward Nine; precinct numbered one of Ward Ten; 
precincts numbered one through three of Ward Eleven; 
precincts numbered one through nine of Ward Twelve; 
precincts numbered one, two, four and five of Ward 
Thirteen; and precincts numbered one and three of Ward 
Fourteen. 

District 8 - Consisting of precinct number six of Ward 
Three; precincts numbered five through seven, and ten 
of Ward Four; precincts numbered two through eleven 
of Ward Five; precincts numbered two through five of 
Ward Ten; and precincts numbered one and two of Ward 
Twenty-One. 

District 9 - Consisting of precincts numbered three 
through sixteen of Ward Twenty-One; and precincts 
numbered one through thirteen of Ward Twenty-Two. 

Referred to the Committee on Census and Redis- 
ricting. 



LATE-FILED MATTERS 



CONSENT AGENDA 

The Chair moved adoption of a Consent Agenda in 
which the following-named Councilors offered resolu- 
tions of a condolence or congratulatory nature as set 
forth after each Councilor's name: 

Councilor Hennigan: Congratulating Elaine Halaby 
(Docket No. 1247); Congratulating John Cummings 
(Docket No. 1248). 

Councilors Hennigan and Conley: Congratulating 
Vincent Ryan (Docket No. 1249); Congratulating Kay 
Ryan (Docket No. 1250). 

Councilor Feeney: Congratulating Annie Young 
(Docket No. 1251); Congratulating 8 couples on their 
wedding anniversary (Docket No. 1252). 

Councilor Kelly: Congratulating 14 couples on their 
wedding anniversary (Docket No. 1253); Declaring the 
month of October to be "Disabilities Awareness Month" 

Councilors Yancey and Turner: Congratulating 
Grenada Social and Cultural Organization (Docket No. 
1254); Congratulating Unity Sport and Cultural 
Association (Docket No. 1255). 

Councilor Yancey and Feeney: Congratulating 9 per- 
sons on receiving the Codman Square/Four Comers 
Hidden Heroes Neighborhood Leadership Award 
(Docket No. 1256). 

Councilor Yancey: Congratulating Peter and Helen 
Crawford (Docket No. 1257); Congratulating Walter 
and Rosalie Bailey (Docket No. 1258); Congratulating 
15 persons on their support of the Boston/Sekondi- 
Takoradi sister city relationship (Docket No. 1260). 

The Chair stated that in the absence of objection, four 
late-filed matters would be added to the Consent 
Agenda. 

No objection being heard, the following matters were 
added: 



The Chair stated that, in absence of objection, 1 late- 
filed matter would be added to the Agenda. 

No objection being heard, the following matter was 
added: 

INTERIM REPORT ON ORDER REGARDING 
BOSTON'S URBAN SEARCH AND RESCUE 
TEAM (DOCKET NO. 1086) 

Councilor CONLEY, on behalf of the Committee on 
Public Safety, submitted the following: 

Interim Report on Docket No. 1086 strongly support- 
ing the Administration's application for an Urban Search 
and Rescue Team in Boston and urges the Mayor to 
explore funding opportunities to provide the necessary 
supplies and equipment for the Boston volunteer USRT 
force until formal designation occurs (referred 
September 13) - recommending the Interim Report be 
accepted. 

The report was accepted. 



• 



STATEMENT OF COUNCILOR SCAPICCHIO 

Having unanimous consent to do so, Councilor 
SCAPICCHIO stated his disapproval in Massport's 
decision in negotiating a severance package for a former 
employee yet stopping the funding for a sailing program 
for disadvantaged children. 



STATEMENT OF COUNCILOR MURPHY 

Having unanimous consent to do so, Councilor 
MURPHY wanted to wish Councilor Kelly a very 
happy birthday today on Halloween. 



Councilor Yancey: Congratulating Michael A. Leone 
(Docket No. 1260); Congratulating Thomas Butler 
(Docket No. 1261); Congratulating Dr. Renee Dankerlin 
(Docket No. 1262); Congratulating James F. Klocke 
(Docket No. 1263). 

The matters contained within the Consent Agenda 
were severally adopted. 



STATEMENT OF COUNCILOR HENNIGAN 

Having unanimous consent to do so, Councilor 
HENNIGAN asked that when we adjourn today, we do 
so in memory of Gerard Dewan a New York firefighter 
who lost his life in the September 11th tragedy. 



STATEMENT OF COUNCILOR MURPHY 

Having unanimous consent to do so, Councilor 
MURPHY, on behalf of himself, Councilors FEENEY 
and KELLY, asked that when we adjourn today, we do 
so also in memory of Dr. Thomas Durant from Savin 
Hill who was a good friend to the Councilors and a great 
help in seeking proper medical care at the Mass. 
General for constituents. 



Adjourned at 1:05 p.m., on motion of Councilor 
Kelly and in memory of Alonzo Thomas, Gerard Dewan 
and Dr. Thomas Durant, to meet again on Wednesday, 
November 7, 2001 at 12:00 noon. 



Note: All debate of City Council eliminated from 
proceedings in accordance with Chapter 447, Acts of. 
1947. 



CITY OF BOSTON • GRAPHIC ARTS DEPARTMENT 



I 



CITY COUNCIL 



267 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, November 7, 2001 
Regular meeting of the City Council held in the 
Christopher A. Iannella Council Chamber, City Hall, at 
12:20 pm., President YANCEY in the Chair and all 
members present. 



INVOCATION 

Minister Don Muhammad, Nation of Islam, Mosque 
1 1 , delivered the invocation and the meeting was opened 
with the pledge of allegiance to the flag. 



ORDER TO REDUCE BY $13,000,000 AN APPRO- 
PRIATION FOR RESERVE FOR COLLECTIVE 
BARGAINING FOR PURPOSE OF PROVID- 
ING FUNDING FOR FIRE DEPARTMENT 
COLLECTIVE BARGAINING AGREEMENT 
ENTERED INTO WITH LOCAL 718 INTER- 
NATIONAL ASSOCIATION OF FIRE- 
FIGHTERS, AFL-CIO, CLC (DOCKET NO. 
1264) 

The following was received: 

City of Boston 
Office of the Mayor 

October 16, 2001 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an Order to 
reduce by $13,000,000 the appropriation for the Reserve 
for Collective Bargaining for the purpose of providing 
funding for the Fire Department collective bargaining 
agreement entered into with Local 718 International 
Association of Firefighters, AFL-CIO, CLC. 

I urge your Honorable Body to pass this Order at your 
earliest convenience. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

Ordered, That the appropriation Order heretofore 
made to meet the operating expenses of the fiscal year 
commencing July 1 , 2001, and ending June 30, 2002, be 
and hereby is reduced by the following amount: 

2002-100-999000-51000 

Reserve for Collective Bargaining $13,000,000 

Referred to the Committee of the Whole. 



• 



ORDER APPROVING SUPPLEMENTAL APPROPRI- 
ATION OF $13,000,000 TO COVER FY01 
COST INCURRED BY FIRE DEPARTMENT 
IN CONNECTION WITH COLLECTIVE 
BARGAINING AGREEMENT ENTERED 
INTO WITH LOCAL 718 INTERNATIONAL 
ASSOCIATION OF FIREFIGHTERS AFL-CIO, 
CLC (DOCKET NO. 1265) 

The following was received: 

City of Boston 
Office of the Mayor 

October 16, 2001 
To the City Council. 
Dear Councillors: 

1 transmit herewith for your approval a supplemental 
appropriation totaling $13,000,000 to cover the FY 02 
cost incurred by the Fire Department in connection with 



the collective bargaining agreement 'entered into with 
Local 718 International Association of Firefighters, 
AFL-CIO, CLC. The new contract includes an overhaul 
of the injury leave program, the introduction of a new 
limited duty program and modifications to absence cov- 
erage policies. These changes should result in more effi- 
cient management of personnel and cost savings. 
Furthermore, this contract will allow the City to imple- 
ment significant operational changes, many of which 
were recommended in the O'Toole Commission report. 

As originally presented to you, the FY02 budget 
request included a Reserve for Collective Bargaining a 
separate appropriation to fund projected collective bar- 
gaining increases. A separate order has been filed to 
reduce that appropriation to support this supplemental 
request. The FY00 and FY01 costs of the contract will 
be charged to appropriations established in those years. 
The City budget remains balanced. 

I urge your Honorable Body to pass this Order at your 
earliest convenience. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

Ordered, That in addition to the appropriations 
heretofore made for the purpose of meeting the current 
operating expenses of the fiscal year commencing July 
1, 2001, and ending June 30, 2002, the following sums 
be, and hereby are appropriated, said sums to be raised 
by taxation pursuant to M.G.L c. 59, § 23: 



2002- 
2002- 
2002- 
2002- 
2002- 
2002- 



100-221100-51000 
100-221200-51000 
100-221300-51000 
100-221400-51000 
100-221500-51000 
100-221600-51000 



$ 103,800 
11,196,600 
687,800 
216,800 
220,300 
574,700 



Referred to the Committee of the Whole. 



NOTICE FROM CriY CLERK OF FILING BY BRA 
OF CHAPTER 121 A PROJECT (DOCKET NO. 
1266) 

The following was received: 

City of Boston 
Office of the City Clerk 

November 2, 2001 
To the City Council. 
Dear Councillors: 

In compliance with the order passed by your 
Honorable Body December 6, 1976, this is to inform 
you that the following was filed by the Boston 
Redevelopment Authority with the City Clerk on 
November 1,2001: 

"Third Report and Decision Amendment to the 
World Trade Center Expansion Chapter 121 A 
Project " 

Very truly yours, 

Rosaria Salerno, 
City Clerk. 
Placed on file. 



APPROVAL OF CONSTABLES' BONDS 
(DOCKET NO. 1267) 

The Constables" Bonds of the following, having been 
duly approved by the Collector-Treasurer, were received 
and approved: 



George Adjemian 
Paul A. Allosso, Jr. 
John J. Camarata 
Pasquale DeFeo, Jr. 
John P. DiNatale 
Peter Gallimorc 



Keith Locario 

Sandra T. Malloy Blake 

["nomas McNair, Jr. 

Richard H McKccn. Sr. 
William Y McKccn Sr 
I ).i\ i,l I \kl\ in 



268 



CITY COUNCIL 



Charles V. Grillo, Jr. 
Joseph S. Hamelburg 
Keith S. Hershenson 
George L. Hodges 
Gerald O Jodrey 
David A. Johnson 
Harold E. Jones 



Ronny E. Reinford-Pack 
George N. Reese 
Juan A. Rodriguez 
Joseph J. Smith 
Robert Tyszkowski 
Marcia S. Weisman 
Anthony F. Zollo Jr. 



REPORT ON ORDER FOR HEARING TO EXAMINE 
NSTAR'S POLICIES AND PROCEDURES FOR 
RECEIVING AND RESPONDING TO EMER- 
GENCY CALLS (DOCKET NO. 0896) 

Councillor FLAHERTY, on behalf of the Committee 
on City and Neighborhood Services, submitted the fol- 
lowing: 

Report on Docket No. 0896, order for hearing to 
examine Nstar's policies and procedures for receiving 
and responding to emergency calls (referred July 13) — 
recommending the order be placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR HEARING TO DETER- 
MINE WHAT ACTIONS NSTAR HAS 
ALREADY TAKEN AND PLANS TO TAKE TO 
FULLY COMPENSATE VICTIMS OF BLACK- 
OUT (DOCKET NO. 1043) 

Councillor FLAHERTY, on behalf of the Committee 
on City and Neighborhood Services, submitted the fol- 
lowing: 

Report on Docket No. 1043, order for hearing to 
determine what actions Nstar has already taken and 
plans to take to fully compensate victims of the blackout 
(referred September 13) — recommending the order be 
placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR HEARING RE: 
NSTAR OUTAGES (DOCKET NO. 1049) 

Councillor FLAHERTY, on behalf of the Committee 
on City & Neighborhood Services, submitted the 
following: 

Report on Docket No. 1049, order for hearing to dis- 
cuss the reasons for the frequent outages and what cor- 
rective action is being taken to fix the problem (referred 
September 13) — recommending the order be placed on 
file. 

The report was accepted; the order was placed on 
file. 



RESOLUTION REQUESTING VETERANS' SER- 
VICES DEPARTMENT TO COORDINATE 
PLACING OF MEMORIAL (HERO) SQUARE 
OF SGT JOSEPH R. RILEY AT INTER- 
SECTION OF BUNKER HILL STREET AND 
SACKVILLE STREET (DOCKET NO. 1268) 

Councillor SCAPICCHIO offered the following: 

Whereas, Sergeant Joseph R. Riley was a lifelong 
resident of Charlestown residing on Sackville Street; 
and 

Whereas, He joined the 25th Infantry Division and 
while in that military force was assigned to Korea 
where, in the course of engaging the enemy, was 
declared missing in action on November 28, 1950 while 
in the Somin Dong area outside the little village of 
Kuauogang, Korea and is presumed killed in action; 
therefore be it 

Resolved, That the Veterans' Services Department be 
requested to coordinate the placing of a memorial (hero) 



square at the intersection of Bunker Hill Street and 
Sackville Street, adjacent to 285 Bunker Hill Street. 

On motion of Councillor SCAPICCHIO, the rules 
were suspended; the resolution was adopted. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1269) 

Councillor YANCEY offered the following: 

Ordered: That effective Saturday, November 10, 
2001, the following-named person be, and hereby is, 
appointed to the position set against their name until 
Friday. January 1 1, 2002: 

Bernadette Lally, secretary, $300, part time. 

Passed under suspension of the rules. 



ORDER APPROVING PETITION FOR SPECIAL 
LAW RE: G.L. CHAPTER 31 SECTION 58 A 
(AGE REQUIREMENT FOR BOSTON POLICE 
OFFICERS) (DOCKET NO. 1270) 

Councillors CONLEY, KELLY, FLAHERTY, 
HENNIGAN, HONAN, MURPHY, ROACHE and 
FEENEY offered the following: 

Ordered, That a petition to the General Court, accom- 
panied by a bill for a special law relating to the City of 
Boston to be filed with an attested copy of this order be, 
and hereby is, approved under Clause (1) of Section 
eight of Article two, as amended, of the Amendments to 
the Constitution of the Commonwealth of 
Massachusetts, to the end that legislation be adopted 
precisely as follows, except for clerical or editorial 
changes of form only: 

PETITION FOR A SPECIAL LAW RE: 

G.L. CHAPTER 31 SECTION 58 A 

(Age Requirement for Boston Police Officers) 

Section 1 . Notwithstanding the provisions of section 
58A of chapter 31 of the General Laws, and its accep- 
tance by the city of Boston, any member of the Boston 
Municipal Police, who is a graduate of a full-term police 
academy recognized by the Massachusetts Criminal 
Justice Training Council and who is age thirty-two and 
over, shall be eligible to take the examination for the 
position of police officer, and be eligible for original 
appointment to the position of police officer. 

Section 2. This act shall take effect upon passage. 

Councillor CONLEY moved that the order be 
substituted with the following: 

Ordered, That a petition to the General Court, accom- 
panied by a bill for a special law relating to the City of 
Boston to be filed with an attested copy of this order be, 
and hereby is, approved under Clause (1) of Section 
eight of Article two, as amended, of the Amendments to 
the Constitution of the Commonwealth of 
Massachusetts, to the end that legislation be adopted 
precisely as follows, except for clerical or editorial 
changes of form only: 

PETITION FOR A SPECIAL LAW RE: 

G.L. CHAPTER 31 SECTION 58A 

(Age Requirement for Boston Police Officers) 

Section 1 . Notwithstanding the provisions of section 
58A of chapter 31 of the General Laws, and the accep- 
tance thereof by the city of Boston, any member of the 
Boston Municipal Police, who is a graduate of a full- 
term police academy recognized by the Massachusetts 
Criminal Justice Training Council and who is age thirty- 
two or over, shall be eligible to take the examination for 
the position of police officer, and shall be eligible to 
have his name certified for original appointment to the 
position of police officer. 

Section 2. This act shall be effective retroactively to 
December 21, 2000. 



NOVEMBER 7, 2001 



269 



The motion was carried. 

Referred to the Committee on Public Safety. 



RESOLUTION URGING UNIVERSITY OF MASSA- 
CHUSETTS AND UMASS PRESIDENT 
WILLIAM BULGER TO NAME NEW 
CAMPUS CENTER AFTER LATE GEORGE V. 
KENNEALLY, JR. (DOCKET NO. 1271) 

Councillors CONLEY, FEENEY, MURPHY, 
ROACHE, SCAPICCHIO, ROSS, HONAN, 
HENNIGAN, FLAHERTY YANCEY and KELLY 
offered the following: 

Whereas, The late Dorchester native George ("Gigi") 
V. Kenneally, Jr. dedicated his life to public service, first 
as a Massachusetts State Representative, then as a State 
Senator, and finally as Co-Counsel to the State Senate, 
and 

Whereas, As the leader of the Massachusetts Senate 
district delegation of House and Senate members, 
Senator Kenneally adopted a unified approach to 
solving local problems; and 

Whereas, In his determination to make sound legal 
and political decisions, he never lost sight of the people 
he represented; and 

Whereas, One of his greatest acts as a public servant 
was to co-sponsor a bill with State Representative 
Robert Quinn to establish a University of Massachusetts 
campus in Boston in 1964; and 

Whereas, Creation of the University of 
Massachusetts, Boston has made higher education 
available to the people of greater Boston at an affordable 
price; and 

Whereas, The University of Massachusetts, Boston 
began construction on a 331,000 square foot, $75 
million dollar campus center in July of 2001, which is 
scheduled to be completed in 2003; 

Resolved, That the City Council strongly urges the 
University of Massachusetts, Boston and UMass 
President William Bulger to name the new campus 
center after the late George V. Kenneally, Jr. to 
recognize and honor his life and the principles that he 
stood for. 

On motion of Councillor FEENEY, the rules were 
suspended; the resolution was adopted: yeas 12: 

Yeas Councillors Conley, Davis-Mullen, Feeney, 
Flaherty, Hennigan, Honan, Kelly, Murphy, Roache, 
Ross, Scapicchio, Yancey — 12. 

Nays — 0. 



MEETING OF COMMITTEE OF THE WHOLE 

President YANCEY moved that the City Council 
recess at 12:45 p.m. for a meeting of the Committee of 
the Whole to discuss Docket Nos. 1264 and 1265. 

The motion was carried. 



RECESS 



The meeting of the Committee of the Whole having 
adjourned, the members reassembled in the City 
Council Chamber and were called to order by President 
YANCEY at 2:50 p.m. 



REPORT ON ORDER TO REDUCE BY $13,000,000 
APPROPRIATION FOR RESERVE FOR 
COLLECTIVE BARGAINING FOR PURPOSE 
OF PROVIDING FUNDING FOR FIRE 
DEPARTMENT COLLECTIVE BARGAINING 
AGREEMENT ENTERED INTO WITH LOCAL 
718 INTERNATIONAL ASSOCIATION OF 
FIREFIGHTERS, AFL-CIO, CLC (DOCKET 
NO. 1264) 



Councillor YANCEY, on behalf of the Committee of 
the Whole, submitted the following: 

Report on Docket No. 1264, message of the Mayor 
and order to reduce by $13,000,000 an appropriation for 
the Reserve for Collective Bargaining for the purpose of 
providing funding for the Fire Department collective 
bargaining agreement entered into with Local 718 
International Association of Firefighters, AFL-CIO, 
CLC (referred November 7) — recommending passage 
of the order 

The report was accepted; the order was passed: yeas 
13. 



REPORT ON ORDER APPROVING SUPPLEMEN- 
TAL APPROPRIATION OF $13,000,000 TO 
COVER FY01 COST INCURRED BY FIRE 
DEPARTMENT IN CONNECTION WITH 
COLLECTIVE BARGAINING AGREEMENT 
ENTERED INTO WITH LOCAL 718 INTER- 
NATIONAL ASSOCIATION OF FIREFIGHT- 
ERS (DOCKET NO. 1265) 

Councillor YANCEY, on behalf of the Committee of 
the Whole, submitted the following: 

Report on Docket No. 1265, message of the Mayor 
and order approving a supplemental appropriation of 
$13,000,000 to cover the FY01 cost incurred by the Fire 
Department in connection with the collective bargaining 
agreement entered into with Local 718 International 
Association of Firefighters (referred November 7) 
recommending passage of the order 

The report was accepted; the order was passed: yeas 
13. 



LATE -FILED MATTER 

The Chair stated that, in absence of objection, one 
late-filed matter, would be added to the Agenda. 

No objection being heard, the following matter was 
added: 

CERTAIN INFORMATION UNDER SECTION 17F 
RE: CONTRACTS AND POSITIONS WITHIN 
DEPARTMENT OF NEIGHBORHOOD 
DEVELOPMENT (DOCKET NO. 1284) 

Councillor FEENEY offered the following: 
Ordered, That, under the provisions of Section 17F of 
Chapter 452 of the Act of 1948, as amended under any 
other applicable provision of law. His Honor, the Mayor, 
be, and hereby is, requested to obtain and deliver to the 
City Council, within one week of the receipt hereof, the 
following information. 

1 . A list of all contracts, and subsequent amendments 
for construction or project management services 
authorized and voted by the Public Facilities 
Commission, and contracted with the Department 
of Neighborhood Development in the last five 
years. This would include all contracts with recog- 
nized construction or project management linns 
and any contracts deemed to be personal services 
contract but performing the duties of construction 
or project management. 

2. A list of all budgeted, but unfilled, positions or 
postings in the Capital Construction Division of 
the Department of Neighborhood Development. 

On motion of Councillor FEENEY, the rules were 
suspended, the order was passed. 



CONSENT AGENDA 

The Chair moved adoption of a Consent Agenda in 
which the following-named Councillors offered resolu- 
tions of a condolence or congratulatory nature as set 

forth after each Councillor's name 



270 



CITY COUNCIL 



Councillor Turner: Congratulating Father Russell 
Best (Docket No. 1272). 

Councillors Scapicchio and Murphy: Congratulating 
and declaring November 3, 2001 "Sam Tessone Day" 
(Docket No. 1273). 

Councillor Scapicchio: Congratulating Camdele 
Construction and Louis Cavagnaro (Docket Not 1274); 
congratulating seven persons on receiving 4th Annual 
2001 North End Against Drugs Alumnus Community 
Appreciation Award (Docket Not 1275). 

Councilldr Conley: Congratulating Forest Hills 
Athletic Program 13th Anniversary (Docket No. 1276). 

Councillors Conley and Hennigan: Congratulating 
Larry Connolly (Docket No. 1277). 

Councillor Feeney: Congratulating Sandra Butler 
(Docket No. 1278); congratulating Adult Learning 
Center (Docket No. 1279); congratulating Stanislaw & 
Helena Niewiadomski (Docket No. 1280); congratulat- 
ing Pauline and Francis Clancy (Docket No. 1281). 

Councillor Honan: Congratulating Edna Maxfield 
(Docket No. 1282). 

Councillors Turner and Yancey: Congratulating 14 
persons from Greenery Rehabilitation Center (Docket 
No. 1283). 

The matters contained within the Consent Agenda 
were severally adopted. 



STATEMENT OF COUNCILLOR FEENEY 

Having unanimous consent to do so. Councillor 
FEENEY asked that when we adjourn today, we do so 
in memory of Antoinette Modica, mother of former City 
Councillor Diane Modica, who passed away this week. 



NEXT MEETING 

Councillor FEENEY moved that when the Council 
adjourn today, we do so in memory of Antoinette 
Modica, to meet again on Wednesday, November 28, 
2001 at 12:00 noon. 

The motion was carried. 



Adjourned at 3:00 p.m. on motion of President 
Yancey to meet again on Wednesday, November 28, 
2001 at 12:00 noon. 



Note: All debate of City Council eliminated from 
proceedings in accordance with Chapter 447, Acts of 
1947. 



CITY OF BOSTON • GRAPHIC ARTS DEPARTMENT ® 




CITY COUNCIL 



271 



CITY OF BOSTON 



Proceedings of Boston City Council 



Wednesday, November 28, 2001 

Regular meeting of the City Council held in the 
Christopher A. Iannella Council Chamber. City Hall, at 
12:15 p.m., President YANCEY in the Chair and all 
members present. 



INVOCATION 

Reverend John Heinemeier, Resurrection Lutheran 
Church, delivered the invocation and the meeting was 
opened with the pledge of allegiance to the flag. 




ORDER TO REDUCE APPROPRIATION OF 
RESERVE FOR COLLECTIVE BARGAINING 
BY $19,051 TO PROVIDE FUNDING TO PUB- 
LIC HEALTH COMMISSION TO COVER 
COSTS RELATED TO COLLECTIVE BAR- 
GAINING AGREEMENT WITH NATIONAL 
CONFERENCE OF FIREMEN AND OILERS 
(DOCKET NO. 1285) 

The following was received: 

City of Boston 
Office of the Mayor 

November 6, 2001 
To the City Council. 
Dear Councillors: 

I hereby transmit for your approval an Order to 
reduce SI 9,051 the appropriation for the Reserve for 
Collective Bargaining for the purpose of providing 
funding to the Public Health Commission to cover costs 
related to the collective bargaining agreement with the 
National Conference of Firemen and Oilers. SEIU, 
AFL-CIO for FY02. 

I urge your Honorable Body to pass this Order at your 
earliest convenience. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the appropriation Order heretofore 
made to meet the operating expenses of the fiscal year 
commencing July 1, 2001 and ending June 30, 2002, be 
and is hereby reduced by the following amount: 

2002-100-999000-5 1000 Reserve for Collective Bargaining S19.0S1.00 

Referred to the Committee on Ways and Means. 

Later in the session, Councilor DAVIS-MULLEN 
moved reconsideration. Reconsideration prevailed. 

On motion of Councilor DAVIS-MULLEN, the rules 
were suspended; the order was passed. 



ORDER APPROVING SUPPLEMENTAL APPRO- 
PRIATION OF SI 9,051 TO COVER FY02 
COSTS ASSOCIATED WITH PUBLIC 
HEALTH COMMISSION'S COLLECTIVE 
BARGAINING AGREEMENT WITH 

NATIONAL CONFERENCE OF FIREMEN 
AND OILERS (DOCKET NO. 1286) 

The following was received: 

City of Boston 



Office of the Mayor 

November 6, 2001 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval a supplemental 
appropriation totaling SI 9,051 to cover the FY02 costs 
associated with the Public Health Commission's collec- 
tive bargaining agreement with the National Conference 
of Firemen and Oilers, SEIU, AFL-CIO. 

As originally presented to you the FY02 budget 
request included a Reserve for Collective Bargaining - a 
separate appropriation to fund projected collective bar- 
gaining increases. A separate order has been filed to 
reduce that appropriation to support this supplemental 
request. The FY00 and FY01 costs of the contract will 
be charged to appropriations established in those years. 
The City budget remains balanced. 

I urge your Honorable Body to pass this Order at your 
earliest convenience. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
in the fiscal year commencing July 1, 2001 and ending 
June 30, 2002, the sums contained in the attached sched- 
ule be, and hereby are appropriated, said sum to be 
raised by taxation pursuant to M.GL. c. 59, § 23: 

2002-100-620100-5620 Public Health Commissi cm S19,051 

Referred to the Committee on Ways and Means. 

Later in the session, Councilor DAVIS-MULLEN 
moved reconsideration. Reconsideration prevailed. 

On motion of Councilor DAVIS -MULLEN, the rules 
were suspended; the order was passed. 



ORDER AUTHORIZING OFFICE OF COMMUNITY 
PARTNERSHIPS TO ACCEPT AND EXPEND 
GRANT OF S700,000 FROM MASSACHU- 
SETTS DEPARTMENT OF EDUCATION TO 
HELP FURTHER ITS GOAL OF INCREASING 
SUPPLY OF AFTER SCHOOL OPPORTUNI- 
TIES FOR CHILDREN, AND TO EXPAND 
CURRICULUM AND CREATE ADDITIONAL 
SLOTS TO BETTER SERVE NEEDS OF 
YOUTH (DOCKET NO. 1287) 

The following was received: 

City of Boston 
Office of the Mayor 

November 1, 2001 
To the City Council. 
Dear Councillors: 

I hereby transmit for your approval an Order to accept 
and expend a grant, for the benefit of the Office of 
Community Partnerships (OCP), froia the Massa- 
chusetts Department of Education in an ai»ount not to 
exceed Seven Hundred Thousand Dollars (5700,ow>y 
The grant will help OCP further its goal of increasing 
the supply of after school opportunities for children in 
the City of Boston, expand OCP's program curriculum 
and create additional slots to better serve the needs of 
the youth in our City. 

I urge your Honorable Body to pass this Order as 
soon as possible so that the City expeditiously so that 
these funds may be expended for the purpose for which 
they were intended. 

Sincerely. 

Thomas M. Menino, 
Mayor of Boston. 



272 



CITY COUNCIL 



ORDERED: That the Mayor, acting on behalf of the 
Office of Community Partnerships and pursuant to 
M.GL. c. 44, § 53A be, and is hereby authorized to 
accept and expend a grant from the Massachusetts 
Department of Education in an amount not to exceed 
Seven Hundred Thousand Dollars ($700,000). Said 
grant is to be used for developing strong school and 
community alliances to strengthen opportunities for 
children in the City of Boston during after-school hours. 

Referred to the Committee on Youth. 



ORDER AUTHORIZING POLICE COMMISSIONER 
TO ACCEPT AND EXPEND GRANT OF 
$97,179 FROM U.S. DEPARTMENT OF JUS- 
TICE, OFFICE OF JUVENILE JUSTICE AND 
DELINQUENCY PREVENTION FOR PUR- 
POSE OF CONTINUING SOUTH BOSTON 
COMMUNITY COALITION TO PREVENT 
SUBSTANCE ABUSE (DOCKET NO. 1288) 

The following was received: 

City of Boston 
Office of the Mayor 

November 6, 2001 
To the City Council. 
Dear Councillors: 

Pursuant to M.GL. c. 44, § 53A, I hereby transmit for 
your approval an Order authorizing the City of Boston, 
acting by and through the Boston Police Commissioner, 
to accept and expend an award not to exceed the amount 
of $97,179.00 from the United States Department of 
Justice, Office of Juvenile Justice and Delinquency 
Prevention- This "Drug Free Communities Support 
Program" supplemental grant award is for the purpose 
of continuing the South Boston Community Coalition to 
Prevent Substance Abuse, which is a comprehensive 
community based response to substance abuse by youth. 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City of Boston may accept 
the funds expeditiously and expend them for the pur- 
poses for which they were granted. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That, pursuant to M.GL. c. 44, § 53A, 
the City of Boston, acting by and through the Boston 
Police Commissioner, be and hereby is authorized to 
accept and expend a grant award from the US 
Department of Justice, Office of Juvenile Justice and 
Delinquency Prevention, in an amount not to exceed 
$97,179.00 

Referred to the Committee on Public Safety 



ORDER AUTHORIZING POLICE COMMISSIONER 
TO ACCEPT AND EXPEND GRANT OF 
$50,000 FROM MASSACHUSETTS OFFICE 
OF ATTORNEY GENERAL FOR PURPOSE OF 
DRUG TRAFFICKING REDUCTION PRO- 
GRAM AS PART OF GROVE HALL SAFE 
NEIGHBORHOOD INITIATIVE/BOSTON 
WEED AND SEED SITE (DOCKET NO. 1289) 

The following was received: 

City of Boston 
Office of the Mayor 

November 5, 2001 
To the City Council. 
Dear Councillors: 



I hereby transmit for your approval an Order autho- 
rizing the City of Boston to accept and expend a grant in 
the amount of $50,000.00 from the Massachusetts 
Office of the Attorney General. This award is made for 
the purpose of a drug trafficking reduction program 
whereby specialized drug investigation officers conduct 
investigations in certain target areas that work to reduce 
drug trafficking in those areas as a part of the Grove 
Hall Safe Neighborhood Initiative/ Boston Weed and 
Seed Site. 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City of Boston may accept 
the funds expeditiously and expend them for the pur- 
poses for which they were granted. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

ORDERED: That, pursuant to M.GL. c. 44, § 53A, 
the City of Boston, acting by and through the Boston 
Police Commissioner, be and hereby is authorized to 
accept and expend a grant award from the 
Massachusetts Office of the Attorney General in an 
amount not to exceed $50,000.00. 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING POLICE COMMISSIONER 
TO ACCEPT AND EXPEND GRANT OF 
$981,362 FROM U.S. DEPARTMENT OF JUS- 
TICE, VIOLENCE AGAINST WOMEN 
OFFICE TO CONTINUE CITY'S JUDICIAL 
OVERSIGHT DEMONSTRATION INITIATIVE 
(A.K.A DORCHESTER DOMESTIC VIO- 
LENCE COURT) AND NO NEXT TIME INI- 
TIATIVE WHICH IS COMPREHENSIVE 
COMMUNITY POLICING STRATEGY AIMED 
AT PREVENTING AND REDUCING DOMES- 
TIC VIOLENCE (DOCKET NO. 1290) 

The following was received: 

City of Boston 
Office of the Mayor 

November 6, 2001 
To the City Council. 
Dear Councillors: 

Pursuant to M.GL. c. 44, § 53A, I hereby transmit for 
your approval an Order authorizing the City of Boston, 
acting by and through the Boston Police Commissioner, 
to accept and expend an award not to exceed the amount 
of $981,362 from the United States Department of 
Justice, Violence Against Women Office. The purpose 
of this award is to continue the City's Judicial Oversight 
Demonstration Initiative (a.k.a Dorchester Domestic 
Violence Co*ut) and the No Next Time Initiative, which 
is a comprehensive community policing strategy aimed 
at preventing and reducing domestic violence victimiza- 
tion. 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City of Boston may accept 
the funds expeditiously and expend them for the pur- 
poses for which they were granted. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That, pursuant to M.GL. c. 44, § 53A, 
the City of Boston, acting by and through the Boston 
Police Commissioner, be and hereby is authorized to 
accept and expend a grant award from the US 
Department of Justice, Violence Against Women Office 
in an amount not to exceed $981,362.00. 



• 



NOVEMBER 28, 2001 



273 



Referred to the Committee on Public Safety. 



• 



ORDER AUTHORIZING POLICE COMMISCIONER 
TO ACCEPT AND EXPEND GRANT OF 
$95,510 FROM U.S. DEPARTMENT OF JUS- 
TICE, OFFICE OF COMMUNITY ORIENTED 
POLICING SERVICES FOR INTEGRITY CUR- 
RICULUM DEVELOPMENT PROGRAM 
MANAGED THROUGH REGIONAL COM- 
MUNITY POLICING INSTITUTE/NEW ENG- 
LAND (DOCKET NO. 1291) 

The following was received 

City of Boston 
Office of the Mayor 

October 5, 2001 
To the City Council. 
Dear Councillors: 

I hereby transmit for your approval an Order autho- 
rizing the City of Boston to accept and expend for the 
benefit of the City of Boston Police Department, an 
award in the amount of $95,510.00, in the form of a U.S. 
Department of Justice Office of Community Oriented 
Policing Services Grant. The award is to be used for the 
Integrity Curriculum Development program managed 
through the Regional Community Policing Institute/ 
New England. 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City of Boston may accept 
these funds expeditiously and expend them for the pur- 
poses for which these funds were granted. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the Mayor, acting on behalf of the 
City of Boston Police Department and pursuant to 
M.GL. c. 44, § 53A be, and is hereby authorized to 
accept and expend for the benefit of the City of Boston 
Police Department, a grant from the U.S. Department of 
Justice in an amount not to exceed $95,510.00. 

Referred to the Committee on Public Safety. 



OF PUBLIC SAFETY BYRNE MEMORIAL 
STATE AND LOCAL LAW ENFORCEMENT 
ASSISTANCE FORMULA GRANT FOR PUR- 
POSE OF SUPPORTING DRUG CONTROL 
DIVISION MULTI-JURISD1CTIONAL TASK 
FORCE (DOCKET NO. 1293) 

The following was received: 

City of Boston 
Office of the Mayor 

November 14, 2001 
To the City Council. 
Dear Councillors: 

I hereby transmit for your approval an order authoriz- 
ing the City of Boston to accept and expend an award in 
the amount of $50,000.00 in the form of a 
Massachusetts Executive Office of Public Safety Byrne 
Memorial State and Local Law Enforcement Assistance 
Formula Grant award to the Boston Police Department, 
for the purpose of supporting the Drug Control Division 
Multi-jurisdictional Task Force. 

I urge your Honorable Body to adopt this order as 
soon as possible so that the City of Boston may accept 
the funds expeditiously and expend them for the pur- 
poses for which these funds were granted. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That, pursuant to M.GL. c. 44, § 53A, 
the Commissioner of the Boston Police Department, 
acting on behalf of the City of Boston, be and hereby is 
authorized to accept and expend a grant award from the 
Massachusetts Office of the Attorney General in an 
amount to exceed Fifty Thousand Dollars ($50,000.00) 
for the purpose of funding a drug trafficking reduction 
program whereby specialized drug investigation officers 
conduct investigations in certain target areas that work 
to reduce drug trafficking in those areas as a part of the 
Grove Hall Safe Neighborhood Initiative/ Boston Weed 
and Seed Site. 

Referred to the Committee on Public Safety. 



t 



CERTAIN INFORMATION UNDER SECTION 17F 
RE: CRIME STATISTICS FROM SEPTEMBER 
1, 2001 TO SEPTEMBER 30, 2001 (DOCKET 
NO. 1292) 

The following was received: 

City of Boston 
Office of the Mayor 

November 5, 2001 
To the City Council. 
Dear Councillors: 

I transmit herewith information received from the 
Boston Police Department pertaining to crime statistics 
for the period commencing September 1, 2001 and end- 
ing September 30, 2001. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

(Annexed hereto is the documentation referred to.) 
Placed on file. 



ORDER AUTHORIZING POLICE COMMISSIONER 
TO ACCEPT AND EXPEND $50,000 IN FORM 
OF MASSACHUSETTS EXECUTIVE OFFICE 



ORDER AUTHORIZING POLICE COMMISSIONER 
TO ACCEPT AND EXPEND GRANT OF 
$400,000 FROM U.S. DEPARTMENT OF JUS- 
TICE OFFICE OF COMMUNITY ORIENTED 
POLICING SERVICES FOR PURPOSES OF 
POLICE INTEGRITY TRAINING THROUGH 
REGIONAL COMMUNITY POLICING INSTI- 
TUTE/NEW ENGLAND (DOCKET NO. 1294) 

The following was received: 

City of Boston 
Office of the Mayor 

November 14, 2001 
To the City Council. 
Dear Councillors: 

1 hereby transmit for your approval an order authoriz- 
ing the City of Boston to accept and expend an award in 
the amount of $400,000.00 in the form of a U.S. 
Department of Justice Office of Community Oriented 
Policing Services Grant awarded to the Boston Police 
Department; for the purposes of Police Integrity 
Training through the Regional Community Policing 
Institute/New England. 

1 urge your Honorable Body to adopt this order as 
soon as possible so that the City of Boston may accept 
these funds expeditiously and expend them for the pur- 
poses for which these funds were granted. 



274 



CITY COUNCIL 



Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That, pursuant to M.GL. c. 44, § 53A, 
the Commissioner of the Boston Police Department, 
acting on behalf of the City of Boston, be and hereby is 
authorized to accept and expend a grant award from the 
United States Department of Justice, Office of 
Community Oriented Policing Services, in an amount to 
exceed Four Hundred Thousand Dollars ($400,000.00) 
for the purpose of Police Integrity Training through the 
Regional Community Policing Institute/New England. 

Referred to the Committee on Public Safety. 



November 19, 2001 



To The City Council 
Dear Councillors: 



ORDER AUTHORIZING PUBLIC WORKS DEPART- 
MENT TO ACCEPT AND EXPEND GRANT 
OF $125,000 FROM COMMONWEALTH OF 
MASSACHUSETTS, EXECUTIVE OFFICE OF 
ENVIRONMENTAL AFFAIRS THROUGH 
DEPARTMENT OF ENVIRONMENTAL PRO- 
TECTION TO BE USED FOR PWD RECY- 
CLING PROGRAM TO INCREASE RECY- 
CLING RATES BY ENHANCING 
COLLECTION AND PROCESSING OF 
WASTE (DOCKET NO. 1295) 

The following was received: 

City of Boston 
Office of the Mayor 

To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an order autho- 
rizing the Public Works Department to accept and 
expend an amount of ONE HUNDRED TWENTY 
FIVE THOUSAND DOLLARS ($125,000), for the 
period of July 1, 2001 through June 30, 2002, from the 
Commonwealth of Massachusetts, Executive Office of 
Environmental Affairs through the Department of 
Environmental Protection. 

The funds will be used for the Boston Public Works 
Department Recycling Program to increase recycling 
rates by enhancing the collection and processing of 
waste. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: The Public Works Department, acting on 
behalf of the City of Boston, be, and hereby is, autho- 
rized in accordance the GL. c44 s53A to accept and 
expend an amount of ONE HUNDRED TWENTY 
FIVE THOUSAND DOLLARS ($125,000), for the 
period of July 1, 2001 through June 30, 2002, from the 
Commonwealth of Massachusetts, Executive Office of 
Environmental Affairs through the Department of 
Environmental Protection. 

The funds will be used for the Boston Public Works 
Department Recycling Program to increase recycling 
rates by enhancing the collection and processing of 
waste. 

Referred to the Committee on Environment 



CERTAIN INFORMATION UNDER SECTION 17F 
RE: MWBE AND BOSTON RESIDENTS JOBS 
POLICY (DOCKET NO. 1296) 

The following was received: 

City of Boston 
Office of the Mayor 



Relative to the 17 F request passed by your 
Honorable Body October 3, 2001, re: MWBE & Boston 
Residents Jobs Policy, please find the attached response. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

(Annexed hereto is the documentation referred to.) 
Placed on file. 



ORDINANCE AMENDING MINORITY AND WO- 
MEN BUSINESS ENTERPRISE (MWBE) 
ORDrNANCE (DOCKET NO. 1297) 

The following was received: 

City of Boston 
Office of the Mayor 

November 19, 2001 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an Ordinance 
amending the Minority and Women Business Enterprise 
(MWBE) Ordinance, which is due to expire on 
December 31, 2001. 

In 1994, the City of Boston commissioned a so-called 
disparity study entitled "The Utilization of Minority and 
Woman-Owned Enterprises in the Boston Metropolitan 
Area." Based on this study, the MWBE Ordinance was 
amended to narrowly tailor the program in light of 
recent court decisions. Part of this amendment included 
a sunset provision ending in the year 2000, even though 
the findings of the study were valid until the end of 
2004. Last year the City Council extended the sunset 
date until December 31, 2001. 

A contract to update the disparity study was publicly 
bid in July 2001. A contractor, Mason Tillman 
Associates, has been selected and my administration has 
been negotiating a contract to deliver the best study at 
the lowest possible cost. A tentative contract has been 
reached and work on the study will begin over the next 
year. 

I am asking the City Council to approve a one-year 
extension of the MWBE Ordinance to allow the dispar- 
ity study to be fully updated with the most recent and 
best available data. Once that information is available, I 
will ask my administration and the City Council to eval- 
uate the data so that the City will have the strongest pos- 
sible MWBE program from both programmatic and 
legal perspectives. 

In light of the fact that the findings of the 2994 dis- 
parity study remain valid until 2004 and the new study 
is about to commence, I urge your Honorable Body to 
pass this amendment immediately. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



City Of Boston 
In The Year Two Thousand And One 

AN ORDINANCE AMENDING THE MINORITY 

AND WOMEN BUSINESS ENTERPRISE 

ORDINANCE, CITY OF BOSTON CODE, 

ORDINANCES, CHAPTER 4-4 

Be it ordained by the City Council of Boston, as fol- 
lows: 



• 



iNOVEMBER 28, 2001 



275 



City of Boston Code, Ordinances, Chapter IV, section 
4-4.8, is hereby further amended by deleting the entire 
section and inserting in its place the following: 

"This section shall take effect upon passage and shall 
expire on December 31, 2002." 

Referred to the Committee on Government Oper- 
ations. 



gaining increases. A separate order has been filed to 
reduce that appropriation to support this supplemental 
request. 

I respectfully request your support of this supplemen- 
tal appropriation for the Boston Public Schools. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



t 



ORDER TO REDUCE APPROPRIATION FOR 
RESERVE FOR COLLECTIVE BARGAINING 
BY $91,603 TO PROVIDE FUNDING IN 
SCHOOL DEPARTMENT FOR FY02 COST 
ITEMS CONTAINED WITHIN PLANT 
ADMINISTRATORS ASSOCIATION AND 
LUNCH MONITORS ASSOCIATION AGREE- 
MENTS (DOCKET NO. 1298) 

The following was received: 

City of Boston 
Office of the Mayor 

November 27, 2001 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an order to 
reduce the appropriation for the Reserve for Collective 
Bargaining by $91,603 to provide funding in the School 
Department for the cost items contained within the 
Boston School Department Plant Administrators 
Association and Lunch Monitors Association agree- 
ments. 

I respectfully request your favorable action on this 
important matter. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
of the School Department in the fiscal period commenc- 
ing July 1, 2001 and ending June 30, 2002, the sum of 
NINETY ONE THOUSAND SLX HUNDRED AND 
THREE DOLLARS ($91,603) be, and the same hereby 
is appropriated, said sum to be raised from taxation pur- 
suant to Section 23 of Chapter 59 of the General Laws: 
- School Department $91,603 

Referred to the Committee on Education and 
School Matters. 



ORDER TO REDUCE APPROPRIATION FOR 
RESERVE FOR COLLECTIVE BARGAINING 
BY $39,710 TO PROVIDE FUNDING IN 
PROPERTY MANAGEMENT DEPARTMENT 
FOR FY02 COST OF COLLECTIVE BAR- 
GAINING AGREEMENT BETWEEN CITY 
AND BOSTON MUNICIPAL POLICE SUPE- 
RIOR OFFICERS, IBPO, LOCAL 539 
(DOCKET NO. 1300) 

The following was received: 

City of Boston 
Office of the Mayor 

November 27, 2001 
To the City Council. 
Dear Councillors: 



ORDERED: That the appropriation heretofore made, 
to meet the current operating expenses in the fiscal year 
commencing July 1, 2001 and ending June 30, 2002, be 
reduced by the following amount: 

2002-100-999000-51000 Reserve for Collective Bargaining $91,603 

Referred to the Committee on Education and 
School Matters. 



• 



ORDER APPROVING SUPPLEMENTAL APPRO- 
PRIATION FOR SCHOOL DEPARTMENT OF 
$91,603 TO COVER COSTS ITEMS CON- 
TAINED IN PLANT ADMINISTRATORS 
ASSOCIATION AND LUNCH MONITORS 
ASSOCIATION AGREEMENTS (DOCKET 
NO. 1299) 

The following was received: 

City of Boston 
Office of the Mayor 

November 27, 2001 
To the City Council. 
Dear Councillors: 

I transmit herewith a supplemental appropriation 
order for the Boston Public Schools for FY02 in the 
amount of $91,603 to cover the cost items contained 
within the Boston School Department Plant 
Administrators Association and Lunch Monitors 
Association agreements. 

As originally presented to you, the FY02 budget 
request included a Reserve for Collective Bargaining a 
separate appropriation to fund projected collective bar- 



I transmit herewith for your approval an order to 
reduce the appropriation for the Reserve for Collective 
Bargaining by $39,710 to provide funding in the 
Property Management Department for the FY02 cost of 
the collective bargaining agreement between the City of 
Boston and the Boston Municipal Police Superior 
Officers, IBPO, Local 539. 

I respectfully request your favorable action on this 
important matter. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the appropriation heretofore made, 
to meet the current operating expenses in the fiscal year 
commencing July 1, 2001 and ending June 30, 2002, be 
reduced by the following amount: 

2002-100-999000-51000 Reserve for Collective Bargaining $39,710 

On motion of Councilor DAVIS-MULLEN, the rules 
were suspended; the order was passed. 



ORDER APPROVING SUPPLEMENTAL APPRO- 
PRIATION FOR PROPERTY MANAGEMENT 
DEPARTMENT OF $39,710 TO FUND FY02 
COST OF COLLECTIVE BARGAINING 
AGREEMENT BETWEEN THE CITY AND 
BOSTON MUNICIPAL POLICE SUPERIOR 
OFFICERS, IBPO. LOCAL 539 (DOCKET NO. 
1301) 

The following was received: 



276 



CITY COUNCIL 



City of Boston 
Office of the Mayor 

November 27, 2001 
To the City Council. 
Dear Councillors: 

I transmit herewith a supplemental appropriation 
order for the Property Management Department in the 
amount of $39,710 to fund the FY02 cost of the collec- 
tive bargaining agreement between the City of Boston 
and the Boston Municipal Police Superior Officers, 
IBPO, Local 539. 

As originally presented to you, the FY02 budget 
request included a Reserve for Collective Bargaining a 
separate appropriation to fund projected collective bar- 
gaining increases. A separate order has been filed to 
reduce that appropriation to support this supplemental 
request. The FY00 and FY01 costs of the agreement will 
be charged to appropriations established in those years. 

I respectfully request your support of this supplemen- 
tal appropriation for the Property Management 
Department. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
of the Property Management Department in the fiscal 
period commencing July 1, 2001 and ending June 30, 
2002, the sum of THIRTY NINE THOUSAND SEVEN 
HUNDRED AND TEN DOLLARS ($39,710) be, and 
the same hereby is appropriated, said sum to be raised 
from taxation pursuant to Section 23 of Chapter 59 of 
the General Laws: 

Property Management 2002-100-180400-51000 $39,710 

On motion of Councilor DAVIS-MULLEN, the rules 
were suspended; the order was passed. 



CERTAIN INFORMATION UNDER SECTION 17F 
RE: DEPARTMENT OF NEIGHBORHOOD 
DEVELOPMENT (DOCKET NO. 1302) 

The following was received: 

City of Boston 
Office of the Mayor 

November 19, 2001 
To the City Council. 
Dear Councillors: 

Relative to the 17 F request passed by your Honor- 
able Body November 7, 2001, re: The Department of 
Neighborhood Development, please find the attached 
response. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

(Annexed hereto is the documentation referred to.) 
Placed on file. 



NOTICE FROM CITY CLERK OF FILING BY BRA 
OF CHAPTER 121 A PROJECT (DOCKET NO. 
1303) 

The following was received: 

City of Boston 
Office of the City Clerk 

November 16, 2001 



To the City Council. 
Dear Councillors: 

In compliance with the order passed by your 
Honorable Body December 6, 1976, this is to inform 
you that the following was filed by the Boston 
Redevelopment Authority with the City Clerk on 
November 16, 2001: 

"Stearns Building Chapter 121 A Project New 
Regulatory Agreement and New 6A Contract." 

Very truly yours, 

Rosaria Salerno, 

City Clerk. 
Placed on file. 



NOTICE FROM CITY CLERK OF FILLNG BY BRA 
OF CHAPTER 121 A PROJECT (DOCKET NO. 

1304) 

The following was received: 

City of Boston 
Office of the City Clerk 

November 14, 2001 
To the City Council. 
Dear Councillors: 

In compliance with the order passed by your 
Honorable Body December 6, 1976, this is to inform 
you that the following was filed by the Boston 
Redevelopment Authority with the City Clerk on 
November 13, 2001: 

"First amendment to Contract Required by Section 
6 A of Chapter 121 of the General Laws Between the 
City of Boston and The Stearns Apartments." 

Very truly yours, 

Rosaria Salerno, 

City Clerk. 
Placed on file. 



NOTICE FROM CITY CLERK OF FILING BY BRA 
OF CHAPTER 12 1A PROJECT (DOCKET NO. 
1305) 

The following was received: 

City of Boston 
Office of the City Clerk 

November 14,2001 
To the City Council. 
Dear Councillors: 

In compliance with the order passed by your 
Honorable Body December 6, 1976, this is to inform 
you that the following was filed by the Boston 
Redevelopment Authority with the City Clerk on 
November 13, 2001: 

'Agreement Between the City of Boston and Trinity 
Foley Limited Partnership under General Laws Chapter 
121 A, Sections 6 A and 10." 

Very truly yours, 

Rosaria Salerno, 

City Clerk. 
Placed on file. 



NOTICE FROM CITY CLERK RE: ACTIONS 
TAKEN BY MAYOR ON PAPERS ACTED 
UPON BY CITY COUNCIL AT ITS OCTOBER 
17, 2001 MEETING (DOCKET NO. 1306) 

The following was received: 



• 



NOVEMBER 28, 2001 



277 



• 



City of Boston 
Office of the City Clerk 

November 14, 2001 
To the City Council. 
Dear Councillors: 

In accordance with Chapter 6 of the Ordinances of 
1979, 1 hereby notify you of the following actions taken 
by the Mayor with regard to the papers acted upon by 
the City Council at its meeting of October 17, 2001, viz: 

0998 Order authorizing the Environment Department to 
accept and expend a grant of $45,000 from the 
Massachusetts Historical Commission to support 
archeological plans for Rainsford Island, the 
National Register District nomination for Savin 
Hill and Phase II of the Beacon Hill survey. 
Approved by the Mayor October 22, 2001. 

1115 Order approving a petition for a special law autho- 
rizing certain amendments to the Housing and 
Employment Exaction Requirements (Linkage) 
with respect to large-scale Commercial Real 
Estate Development. 
Approved by the Mayor October 22, 2001. 

1135 Order approving an appropriation of $150,000 to 
the Massachusetts Department of Environmental 
Management for constructing a new universal 
access ramp facility at the Spectacle Island Park 
pier. 
Approved by the Mayor October 22, 2001. 

1172 Constable's Bonds of Anthony J. Giannetti, Mark 
C. Gaisford and Michael A. Lopes. 
Approved by the Mayor October 22, 2001. 

Very truly yours, 

Rosaria Salerno, 

City Clerk. 
Placed on file. 



• 



NOTICE FROM CITY CLERK RE: ACTIONS 
TAKEN BY MAYOR ON PAPERS ACTED 
UPON BY CITY COUNCIL AT ITS OCTOBER 
24, 2001 MEETING (DOCKET NO. 1307) 

The following was received: 

City of Boston 
Office of the City Clerk 

November 14, 2001 
To the City Council. 
Dear Councillors: 

In accordance with Chapter 6 of the Ordinances of 
1979, 1 hereby notify you of the following actions taken 
by the Mayor with regard to the papers acted upon by 
the City Council at its meeting of October 24, 2001, viz: 

0923 Order approving an appropriation of $900,000 
from the Edward Ingersoll Browne Fund for pro- 
jects that will ornament the City's streets, ways, 
squares and parks. 
Approved by the Mayor November 5, 2001. 

1116 Order approving a petition for a special law to 
restore Boston's Govemmentally-Involved Hous- 
ing Protection. 
Approved by the Mayor November 2, 2001. 

Very truly yours, 

Rosaria Salerno, 

City Clerk. 
Placed on file. 



NOTICE FROM CITY CLERK RE: ACTIONS 
TAKEN BY MAYOR ON PAPERS ACTED 
UPON BY CITY COUNCIL AT ITS OCTOBER 
31, 2001 MEETING (DOCKET NO. 1308) 

The following was received: 

City of Boston 
Office of the City Clerk 

November 14, 2001 
To the City Council. 
Dear Councillors: 

In accordance with Chapter 6 of the Ordinances of 
1979, 1 hereby notify you of the following actions taken 
by the Mayor with regard to the papers acted upon by 
the City Council at its meeting of October 3 1 , 200 1 , viz: 

1243 17 Constable's Bonds 

Approved by the Mayor November 8, 2001 

Very truly yours, 

Rosaria Salemo, 

City Clerk. 



APPROVAL OF CONSTABLES' BONDS 
(DOCKET NO. 1309) 

The Constables' Bonds of the following, having been 
duly approved by the Collector-Treasurer, were received 
and approved: 

Patrick A. Bailey, Barbara L. BeDugnis, David G. 
BeDugnis, Thomas M. Brown, Vincent Carbone, 
Russell C. Castagna, Rolflyn Cazeau, Willie E. Chester, 
Robert D. Clemons, Patrick Conroy, Antonio G Correia, 
Christopher E. Creed, John J. DiBlasi, Joseph E. 
DiGirolamo, James L. Dolliver, John J. Earner, Anthony 
P. Eubanks, John T Fasanello, Steve D. Galloway, 
Henderson T. Headley, Richard B. Hogan, Daniel F. 
Long, Denise C. Long, William P. Malone, Juaquin C. 
Marchando, James J. McCarthy, James V McNamara, 
Frank Mucci, Robert F. O'Sullivan, Jr., Andres Otero, 
James A. Powers, Vidal Santaigo, Charles B. Sherer, 
Richard H. Sonego, John W. Taylor, Albert B. 
Tranquillino, Elijah A. Wigon, Albert L. Williams, 
Willie J. Williams, Moses Wilson, Byrain A. Winbush. 



APPOINTMENT BY THE MAYOR 
(DOCKET NO. 1310) 

Notice was received by the City Clerk from the 
Mayor of the appointment of Paul A. Christian as the 
Commissioner of the Boston Fire Department for a term 
expiring April 30, 2004. 

Placed on file. 



ABSENCE OF THE MAYOR (DOCKET NO. 1 3 1 1 ) 

Notice was received from the Mayor of his absence 
from the City on November 15, 2001 until November 
19,2001. 

Placed on file. 



NOTICE FROM CITY CLERK OF FILING BY BRA 
OF CHAPTER 121 A PROJECT. (DOCKET NO. 
1312) 

The following was received: 

City of Boston 
Office oftheCitv Clerk 

November 26, 2001 
To the City Council. 



278 



CITY COUNCIL 



Dear Councillors: 

In compliance with the order passed by your 
Honorable Body December 6, 1976, this is to inform 
you that the following was filed by the Boston 
Redevelopment Authority with the City Clerk on 
November 21, 2001: 

"First Report and Decision Amendment on the Mount 
Pleasant Apartments Chapter 121 A Project". 

Very truly yours, 

Rosaria Salerno, 

City Clerk. 
Placed on file. 



TO REGISTER FOR SUMMER JOB (DOCKET 
NO. 0693) 

Councilor SCAPICCHIO, on behalf of the 
Committee on Youth, submitted the following: 

Report on Docket No. 0693, order for a hearing to 
discuss reopening the HOPE line for an additional two 
weeks so more children may have the ability to register 
for a summer job (referred May 23) - recommending the 
order be placed on file. 

The report was accepted; the order was placed on 
file. 



COMMUNICATION RECEIVED BY CITY CLERK 
FROM WILLIAM M. CLORAN, ATTORNEY 
FOR THE AIRPORTER, INC. WITH COPY OF 
LETTER TO BRIAN CHRISTY, DIRECTOR, 
TRANSPORTATION DIVISION, DEPART- 
MENT OF TELECOMMUNICATIONS AND 
ENERGY RE: APPLICATION FOR TEMPO- 
RARY AUTHORITY TO OPERATE MOTOR 
VEHICLES FOR HIRE PURSUANT TO GL. 
CHAPTER 159AS.5 (DOCKET NO. 1313) 

The following was received: 

Communication was received by the City Clerk from 
William M. Cloran, Attorney for The Airporter, Inc. 
with a copy of a letter to Brian Christy, Director, 
Transportation Division, Department of 

Telecommunications and Energy re: Application for 
Temporary Authority to operate motor vehicles for hire 
pursuant to GL. chapter 159A s. 5. 

Placed on file. 



REPORT ON ORDER FOR HEARING TO INVESTI- 
GATE HIGH RATE OF HOME HEATING OIL 
(DOCKET NO. 0105) 

Councilor FLAHERTY, on behalf of the Committee 
on City and Neighborhood Services, submitted the fol- 
lowing: 

Report on Docket No. 0105, order for a hearing to 
investigate the high rate of home heating oil (referred 
October 1 8, 2000) - recommending the order be placed 
on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR HEARING TO EXAMINE 
PRACTICES AND PROCEDURES OF BOS- 
TON HOUSING AUTHORITY IN DETERMIN- 
ING WHO MAY OCCUPY HANDICAPPED 
UNIT (DOCKET NO. 0837) 

Councilor FEENEY, on behalf of the Committee on 
Housing, submitted the following: 

Report on Docket No. 0837, order for a hearing to 
examine the practices and procedures of the Boston 
Housing Authority in determining who may occupy a 
handicapped unit (referred June 25) - recommending the 
order be placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER RE: NSTAR SERVICE 
OUTAGES (DOCKET NO. 1049) 

Councilor FLAHERTY, on behalf of the Committee 
on City and Neighborhood Services, submitted the fol- 
lowing: 

Report on Docket No. 1 049, order re: NSTAR service 
outages (referred September 19) - recommending the 
order be placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR HEARING TO DISCUSS 
PUBLIC HEALTH COMMISSION'S EFFORTS 
TO DEAL WITH LEAD IN ENVIRONMENT 
(DOCKET NO. 0416) 

Councilor ROACHE, on behalf of the Committee on 
Public Health, submitted the following: 

Report on Docket No. 0416, order for hearing to dis- 
cuss the Public Health Commission's efforts to deal with 
lead in the environment (referred March 28) - recom- 
mending the order be placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR HEARING TO DISCUSS 
THE SERVICES AND PROGRAMS AVAIL- 
ABLE FOR VICTIMS OF DOMESTIC VIO- 
LENCE AND THE ABUSERS (DOCKET NO. 

0417) 

Councilor ROACHE, on behalf of the Committee on 
Public Health, submitted the following: 

Report on Docket No. 0417, order for hearing to dis- 
cuss the services and programs available for victims of 
domestic violence and the abusers (referred March 28) - 
recommending the order be placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER TO DISCUSS REOPENING 
HOPE LINE FOR ADDITIONAL TWO WEEKS 
SO MORE CHILDREN MAY HAVE ABILITY 



REPORT ON RESOLUTION ENDORSING HOUSE 
BILL 2169 AND SENATE BILL 1703 TO SUP- 
PORT HEALTH NOW LEGISLATION (DOCK- 
ET NO. 0572) 

Councilor ROACHE, on behalf of the Committee on 
Public Health, submitted the following: 

Report on Docket No. 0572, resolution endorsing 
House Bill 2169 and Senate Bill 1703 to support Health 
Now Legislation (referred May 2) - recommending the 
resolution placed on file. 



• 



NOVEMBER 28, 2001 



279 



The report was accepted; the resolution was placed 
on file. 



REPORT ON ORDER THAT WATER AND SEWER 
COMMISSION CEASE COLLECTION 
EFFORTS FOR UNBILLED WATER USAGE 
AT 59 HULL STREET (DOCKET NO. 0677) 

Councilor ROSS, on behalf of the Committee on 
Environment, submitted the following: 

Report on Docket No. 0677, order that the Water and 
Sewer Commission cease collection efforts for unbilled 
water usage at 59 Hull Street (referred May 23) - rec- 
ommending the order be placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR HEARING RE: 
STUDIES TEXTBOOKS FOR 
SCHOOLS (DOCKET NO. 0111) 



SOCIAL 
PUBLIC 



• 



Councilor TURNER, on behalf of the Committee on 
Education and School Matters, submitted the following: 

Report on Docket No. 0111 order for hearing re: 
social studies textbooks for public schools (referred 
November 1 , 2000) - recommending the order be placed 
on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR HEARING TO DISCUSS 
WHICH SCHOOLS HAVE UNDERGONE 
INTERVENTION PROCESS (DOCKET NO. 

0454) 

Councilor TURNER, on behalf of the Committee on 
Education and School Matters, submitted the following: 

Report on Docket No. 0454, order for hearing to dis- 
cuss which schools have undergone the intervention 
process (referred April 4) - recommending the order be 
placed on file. 

The report was accepted; the order was placed on 
file. 



• 



REPORT ON ORDER FOR HEARING TO DETER- 
MINE POTENTIAL FOR PRIVATE SCHOOL 
STUDENTS TO ATTEND SUMMER SCHOOL 
SESSIONS CONDUCTED BY PUBLIC 
SCHOOLS (DOCKET NO. 0607) 

Councilor TURNER, on behalf of the Committee on 
Education and School Matters, submitted the following: 

Report on Docket No. 0607, order for hearing to 
determine the potential for private school students to 
attend summer school sessions conducted by public 
schools (referred May 9) - recommending the order be 
placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR HEARING TO DISCUSS 
SOLVING PROBLEM OF SAFETY THAT 
PLAGUES PUBLIC SCHOOLS (DOCKET NO. 
0214) 



Councilor TURNER, on behalf of the Committee on 
Education and School Matters, submitted the following: 

Report on Docket No. 02 14, order for hearing to dis- 
cuss solving the problem of safety that plagues public 
schools (referred January 24) - recommending the order 
be placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR HEARING TO EXAMINE 
PROCEDURES AND CRITERIA FOR EVALU- 
TATING BIDS TO PROVIDE BANKING SER- 
VICES TO CITY (DOCKET NO. 0259) 

Councilor HONAN, on behalf of the Committee on 
Banking and Community Investment, submitted the fol- 
lowing: 

Report on Docket No. 0259, order for hearing to 
examine the procedures and criteria for evaluating bids 
to provide banking services to City (referred January 31) 
- recommending the order be placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR HEARING TO DISCUSS 
MECHANISM AND MERITS OF DETERMIN- 
ING SALARY INCREASES FOR CITY 
EMPLOYEES (DOCKET NO. 0118) 

Councilor MURPHY, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 0118, order for hearing to dis- 
cuss the mechanism and merits of determining salary 
increases for city employees (referred February 2, 2000) 
- recommending the order be placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR HEARING RE: POLLING 
LOCATIONS IN DISTRICT 8 AND OTHER 
DISTRICTS (DOCKET NO. 0934) 

i / 

Councilor MURPHY, on behalf of the Committee on 
Government Operations, submitted the following: 
/ / 

Report on Docket No. 0934, order for hearing re: 
polling locations in District 8 and other districts 
(referred July 18) - recommending the order be placed 
on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR HEARING RE: IN- 
CREASE BY CABLEVISION (DOCKET NO. 
0219) 

Councilor ROSS, on behalf of the Committee on 
Information Technology, submitted the following: 

Report on Docket No. 0219, order for hearing re: 
increase by Cablevision (referred January 24) - recom- 
mending the order be placed on file. 

The report was accepted; the order was placed on 
file. 



280 



CITY COUiNCIL 



REPORT ON ORDER FOR HEARING RE: BNN 
NEIGHBORHOOD BOARD AND VOTING 
RIGHTS FOR ALL BNN MEMBERS (DOCKET 
NO. 0994) 

Councilor ROSS, on behalf of the Committee on 
Information Technology, submitted the following: 

Report on Docket No. 0994, order for hearing re: 
BNN neighborhood board and voting rights for all BNN 
members (referred August 8) - recommending the order 
be placed on file. 

The report was accepted; the order was placed on 
file. 



The report was accepted; the order was passed. 



REPORT ON ORDER FOR HEARING TO DISCUSS 
PROPERTY CRIMES IN SOUTH BOSTON 
(DOCKET NO. 0345) 

Councilor CONLEY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket No. 0345, order for hearing to dis- 
cuss property crimes in South Boston (referred February 
28) - recommending the order be placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER AUTHORIZING POLICE 
COMMISSIONER TO ACCEPT AND EXPEND 
GRANT OF $45,000 FROM U.S. DEPART- 
MENT OF JUSTICE, OFFICE OF JUSTICE 
PROGRAMS, FOR PURPOSE OF ENHANC- 
ING INVESTIGATIVE EFFORTS FOR INTER- 
NET CRIMES AGAINST CHILDREN 
THROUGH DETECTIVES AND PROSECU- 
TORS ATTENDING SPECIALIZED TRAIN- 
ING AND PURCHASING EQUIPMENT 
(DOCKET NO. 1210) 

Councilor CONLEY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket No. 1210, message of the Mayor 
and order authorizing the Police Commissioner to 
accept and expend a grant of $45,000 from the U.S. 
Department of Justice, Office of Justice Programs, for 
the purpose of enhancing investigative efforts for 
Internet crimes against children through detectives and 
prosecutors attending specialized training and purchas- 
ing equipment (referred October 24) - recommending 
passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING POLICE 
COMMISSIONER TO ACCEPT AND EXPEND 
JUVENILE ACCOUNTABILITY INCENTIVE 
BLOCK GRANT OF $349,345 FROM EXECU- 
TIVE OFFICE OF PUBLIC SAFETY (DOCKET 
NO. 1211) 

Councilor CONLEY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket No. 1211, message of the Mayor 
and order authorizing the Police Commissioner to 
accept and expend a Juvenile Accountability Incentive 
Block grant of $349,345 from the Executive Office of 
Public Safety - (referred October 24) - recommending 
passage of the order. 



REPORT ON ORDER AUTHORIZING POLICE 
DEPARTMENT TO ACCEPT AND EXPEND 
GRANT OF $5,000 FROM TUFTS ANIMAL 
EXPO FOR USE BY K-9 UNIT (DOCKET NO. 
1236) 

Councilor CONLEY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket No. 1236, message of the Mayor 
and order authorizing the Police Department to accept 
and expend a grant of $5,000 from the Tufts Animal 
Expo, for use by the K-9 Unit (referred October 31) - 
recommending passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING POLICE 
DEPARTMENT TO ACCEPT AND EXPEND 
GRANT OF $54,313.19 FROM MASSACHU- 
SETTS OFFICE OF THE ATTORNEY GEN- 
ERAL FOR PURPOSE OF TRUANCY PRE- 
VENTION PROGRAM (DOCKET NO. 1237) 

Councilor CONLEY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket No. 1237, message of the Mayor 
and order authorizing the Police Department to accept 
and expend a grant of $54,313.19 from the 
Massachusetts Office of the Attorney General for the 
purpose of a truancy prevention program (referred 
October 31) - recommending passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING POLICE 
DEPARTMENT TO ACCEPT GIFT OF $19,917 
OF SOFTARE AND TRAINING FROM 
XANALYS, INC. (DOCKET NO. 1238) 

Councilor CONLEY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket No. 1238, message of the Mayor 
and order authorizing the Police Department to accept a 
gift of $19,917 of software and training from Xanalys, 
Inc. (referred October 31) - recommending passage of 
the order. 

The report was accepted; the order was passed. 



ORDER FOR HEARING TO DISCUSS CAR SHAR- 
ING AND OTHER ALTERNATIVE TRANS- 
PORTATION OPTIONS (DOCKET NO. 1314) 

Councilors ROSS, SCAPICCHIO, FLAHERTY, 
TURNER, HONAN, ROACHE, FEENEY, HENNI- 
GAN and YANCEY offered the following: 

WHEREAS: Car sharing offers members affordable 
24-hour access to private vehicles for short-term round- 
trip use as an efficient means of complementing the 
public transportation network; and 

WHEREAS: Car sharing permits Boston residents to 
live and work in the City of Boston without owning a 
car; and 

WHEREAS: Car sharing alleviates traffic pressures 
on the city by causing members to often either sell their 
cars or delay purchases of cars; and 

WHEREAS: There will be an increase in available 
parking spots and open space in the city as a result of the 



• 



NOVEMBER 28, 2001 



281 



reduction of car ownership; and 

WHEREAS: The City of Boston has opportunities to 
foster car sharing and other alternative transportation 
options in the city, including: 

• Requiring large-scale developments of 100,000 
square feet or more to include a minimum of 2 car shar- 
ing parking spots and bicycle racks. 

• Providing a minimum of 2.5% of parking spots for 
car sharing and bicycle racks in publicly owned parking 
garages. 

• Allowing for the substitution of parking spots within 
zoning requirements. 

• Including car sharing benefits and bicycle racks in 
the list of mitigation options offered for new develop- 
ments. 

Now Therefore Be It 

ORDERED: That the Boston City Council hold a 
public hearing to discuss these means for fostering car 
sharing in the City of Boston. 

Referred to the Committee on Transportation. 



• 



RESOLUTION URGING STATE LEGISLATURE TO 
ENACT HOUSE BILL 4716 SO THAT COSTS 
OF RECYCLING CRT'S ARE INCURRED BY 
PRODUCERS OF THESE PRODUCTS AND 
NOT GENERAL TAXPAYERS (DOCKET NO. 
1315) 

Councilors ROSS, MURPHY, HONAN, SCAPIC- 
CHIO, FLAHERTY, ROACHE, TURNER and HENNI- 
GAN offered the following: 

WHEREAS: Discarded electronic products contain 
lead, cadmium, mercury and other toxic materials that 
can pose hazards to human health and the environment 
when landfilled or incinerated; and 

WHEREAS: Boston residents, by discarding elec- 
tronic products including computer monitors, televi- 
sions, computers, unintentionally contribute to the elec- 
tronic product hazardous waste stream; and 

WHEREAS: On April 1, 2001, the Commonwealth of 
Massachusetts, because of the toxicity of this waste, 
prohibited the disposal of discarded cathode ray tubes 
(CRT's) in municipal landfills or incinerators; and 

WHEREAS: This prohibition has increased the costs 
to local governments, such as Boston, for recycling dis- 
carded CRTs; and 

WHEREAS: The costs incurred by Massachusetts 
cities and towns, including Boston, for disposal of elec- 
tronic products such as CRT's is in effect an unfounded 
mandate imposed by the producers of such products 
onto local taxpayers; and 

WHEREAS: House Bill 4716, if passed, will impose 
a Producer Take Back requirement, shifting the burden 
of collecting and recycling CRT's to the producers and 
away from local taxpayers. Now Therefore Be It: 

RESOLVED: That the Boston City Council urges the 
State Legislature to enact House Bill 4716 so that the 
costs of recycling CRT's in cities and towns throughout 
Massachusetts, including Boston, are incurred by the 
producers of these products and not the general taxpay- 
ers. 

Referred to the Committee on Environment. 



• 



ORDER FOR HEARING TO DISCUSS RESPECTIVE 
STATUTORY, ORDINANCE, POLICY AND 
OPERATIONAL RESPONSIBILITIES AND 
OBLIGATIONS OF CITY AGENCIES 
INVOLVED IN DEVELOPMENT, COMMU- 
NITY OUTREACH AND PERMITTING 
PROCESSES OF BUSINESSES INVOLVED 



WITH DEVELOPMENT (DOCKET NO. 1316) 

Councilors FEENEY, MURPHY, KELLY, HENNI- 
GAN, HONAN, ROACHE, ROSS, SCAPICCHIO and 
YANCEY offered the following: 

WHEREAS: Development and neighborhood con- 
cerns need to be carefully balanced for the betterment of 
both residents and businesses; and 

WHEREAS: Clear and effective communication 
between residents, businesses and the City agencies 
involved with development is an essential component in 
establishing this balance; and 

WHEREAS: Constructive public dialogue between 
all parties involved through the community process is 
facilitated by an understanding of the process and rights 
and obligations of each group; and 

WHEREAS: Ineffective communication and lack of 
dialogue results in frustration on all sides, delays, and 
additional costs; and 

WHEREAS: It is difficult for the public and busi- 
nesses to effectively navigate the development, commu- 
nity outreach, and permitting processes; Therefore be it 

ORDERED: That the Boston City Council hold a 
hearing to discuss respective statutory, ordinance, policy 
and operational responsibilities and obligations of City 
agencies involved in the development, community out- 
reach, and permitting processes; and be it further 

ORDERED: That the Department of Neighborhood 
Development, the Boston Redevelopment Authority, the 
Department of Inspectional Services, the Mayor's Office 
of Neighborhood Services, Zoning Commission, 
Zoning Board of Appeal, and other interested parties be 
invited to attend. 

Referred to the Committee on Government 
Operations. 



CERTAIN INFORMATION UNDER SECTION 17F 
RE: SUMMARIES OF RESPONSIBILITIES 
AND OBLIGATIONS AS SET IN STATUTES 
AND ORDINANCES FROM VARIOUS CITY 
DEPARTMENTS (DOCKET NO. 1317) 

Councilor FEENEY offered the following: 

ORDERED: That, under the provisions of Section 
17F of Chapter 452 of the Acts of 1948, as amended, 
and under any other applicable provision of law, His 
Honor, the Mayor, be, and hereby is, requested to obtain 
and deliver to the City Council, within one week of the 
receipt hereof, the following information: 

From the Department of Neighborhood Develop- 
ment, the Boston Redevelopment Authority, the 
Department of Inspectional Services, the Mayor's Office 
of Neighborhood Services, Zoning Commission, and 
Zoning Board of Appeal: 

Summaries of responsibilities and obligations as set 
in statutes and ordinances. 

Information provided to the public/developers and 
any relevant internal procedural, decision making, or 
policy materials on - 

• Process/Procedure for disposing of City-owned 
property (from surplusing to requests for bids through to 
final sale) 

• Process/Procedure for construction and/or rehabili- 
tation of buildings, or developing sites in Boston, 
including all time deadlines. 

• Community Process requirements/notification 

• Permitting Process for construction and/or rehabili- 
tation of buildings, or developing sites in Boston, 
including all time deadlines. 

• Flow chart of the Zoning Process (from initial 



282 



CITY COUNCIL 



inquiry to community outreach to Zoning Commission 
to Board of Appeal to Final Arbiter through to Final 
Approval) including all time deadlines. 

For each of the materials distributed to the public, 
identify how it is distributed (upon specific request at 
the department, online, as part of a package, etc.) 

On motion of Councilor FEENEY, the rules were sus- 
pended; the order was passed. 



ORDER PURSUANT TO CHAPTER 403 OF ACTS 
OF 2000, RESIDENTIAL FACTOR FOR FY02 
SHALL BE MINIMUM RESIDENTIAL FAC- 
TOR AS DETERMINED BY COMMISSIONER 
OF REVENUE PURSUANT TO MGL, CHAP- 
TER 58, SECTION 1A, PURSUANT TO MGL, 
CHAPTER 59, SECTION 5C, RESIDENTIAL 
EXEMPTION IN AMOUNT OF VALUE 
EQUAL TO THIRTY PERCENT OF AVERAGE 
ASSESSED VALUE OF ALL CLASS ONE RES- 
IDENTIAL PARCELS BE AND HEREBY IS 
APPROVED FOR FY02 (DOCKET NO. 1318) 

Councilors YANCEY and CONLEY offered the fol- 
lowing: 

Whereas: The residents of Boston were in the fore- 
front of the successful erfort to amend our state 
Constitution to allow Classification for the purpose of 
taxation; and 

Whereas: Since adoption of the Constitutional 
Amendment, this Council has established a policy of 
utilizing Classification to tax residential properties at 
the lowest level permitted by state statute; and 

Whereas: The Legislature enacted Chapter 403 of the 
Acts of 2000, the City's home rule petition to increase 
the residential exemption to thirty (30%) of the average 
assessed value of all Class One Residential parcels in 
the City of Boston; and 

Whereas: The Classification policy, and the Council's 
annual action to declare a residential exemption in the 
greatest amount permitted by the General Laws has 
resulted in substantial protection - arid substantial sav- 
ings — for both homeowners and tenants from the 
effects of revaluation; and 

Whereas: Action in this regard for Fiscal Year 2002 
must be taken prior to certification of the tax rate by the 
Department of Revenue; therefore be it 

OKDI KM) 1'lut pursuant to Chaptei 403 of the Acts 
of 2000, the residential factor in the City of Boston for 
Fiscal Year 2002 shall be the minimum residential fac- 
tor as determined by the Commissioner of Revenue pur- 
suant to Massachusetts General Laws, Chapter 58, 
Section 1A; and be it further 

ORDERED: That pursuant to General Laws, Chapter 
59, Section 5C, a residential exemption in the amount of 
value equal to thirty percent (30%) of the average 
assessed value of all Class One Residential parcels in 
the City of Boston be, and hereby is, approved for Fiscal 
Year 2002. 

Referred to the Committee of the Whole. 



ORDERED: That the City Council suspend the fol- 
lowing portion of Rule 33 "No committee meeting, 
except the committee of the whole, shall be conducted 
on the day of any regular meeting of the council." On 
Wednesday, December 5 for the purpose of having a 
hearing of the Committee on Transportation on docket 
#1217. 

On motion of Councilor SCAPICCHIO, the rules 
were suspended; the order was passed. 



REPORT ON ORDER APPROVING PETITION FOR 
SPECIAL LAW RE: GL. CHAPTER 31, SEC- 
TION 58A (AGE REQUIREMENT FOR 
BOSTON POLICE OFFICERS (DOCKET NO. 

1270) 

Councilor CONLEY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket No. 1270, Home Rule Petition for 
a Special Law re: GL. Chapter 3 1, Section 58A (Age 
requirement for Boston Police Officers) (referred 
November 7) - recommending passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER FOR HEARING TO DISCUSS 
MODIFICATION OF DISCIPLINE AND DIS- 
CHARGE PROCEDURE (DOCKET NO. 0351) 

Councilor KELLY, on behalf of the Committee on 
Labor, submitted the following: • 

Report on Docket No. 0351, order for hearing to dis- 
cuss modification of the Discipline and Discharge 
Procedure (referred February 28) - recommending the 
order be placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR HEARING TO DISCUSS 
ISSUES RELEVANT TO SWEATSHOP MANU- 
FACTURING AND PROPOSE STRATEGIES 
TO ENSURE THAT BEST INTERESTS OF 
CITY ARE REFLECTED IN ITS PURCHAS- 
ING PRACTICES (DOCKET NO. 0125) 

Councilor KELLY, on behalf of the Committee on 
Labor, submitted the following: 

Report on Docket No. 0125, order for hearing to dis- 
cuss issues relevant to sweatshop manufacturing and 
propose strategies to ensure that the best interests of the 
City are reflected in its purchasing practices (referred 
December 13, 2000) - recommending the order be 
placed on file. 

The report was accepted; the order was placed on 
file. 



LATE-FILED MATTERS 

The Chair stated that, in absence of objection, 6 late- 
filed matters would be added to the Agenda. 

No objection being heard, the following matters were 
added: 

ORDER FOR HEARING TO SUSPEND RULE 33 
ON DECEMBER 5, 2001 (DOCKET NO. 1337) 

Councilors SCAPICCHIO AND FEENEY offered 
the following: 



COMMUNICATION FROM NANCY LO, ELECTION 
COMMISSIONER RE: RESIDENT LISTING 
(DOCKET NO. 1338) 



The following was received: 



Charles C. Yancey, 

President Boston City Council. 



November 27, 2001 



Dear Council President Yancey: 

I am responding to your request regarding the resi- 



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NOVKIV1IJKR28, 2001 



283 



t 



dent listing of the city. According to Massachusetts 
General Law, Chapter 51, section 4, the Election 
Department is required to conduct an annual listing of 
all residents 17 years of age and older. The Department 
makes numerous attempts to contact and identify resi- 
dents, such as; by mail, telephone calls, house visits by 
the stall' and through various lists from other city arm 
cies. II' such attempts fail, the resident is put on inactive 
voting status, as required by M.G.L. C. 51, s. 37. If an 
inactive voter fails to vote in two consecutive biennial 
state elections, the Department will mail a letter, notify- 
ing the person that he or she must contact the depart- 
ment or he or she will be removed from the voting list. 

Councilor Turner had requested that I provide to the 
members of the City Council, the total number of inac- 
tive voters in each district. In total, there were 89,968 
inactive voters, which consists of a four year period. 
The Department has initiated a number of measures 
including a public awareness campaign in effort to 
encourage residents to vote and contact the Department 
so that they could be removed from inactive status. Prior 
to the City Election, the Department posted 125 "sand- 
wich" signs throughout the city reminding people to 
vote. 

I understand that you spoke to John Donovan, Head 
Assistant Registrar regarding the dropping of voters 
prior to the City Elections. At the lime, the Department 
did not remove any voters because of inactive status. 
1 lowcver, the Department intends to do so by the end of 
the year in order to be compliant with the statute. 

I hope this information is helpful in clarifying your 
I7I ; request for the resident listing of the city. 



Sincerely, 



Nancy A. Lo, 
< haii 



• 



COMMUNICATION FROM LAW DEPARTMENT 
Rli: CONTRACTS WITHIN LAW DEPART- 
MENT (DOCKET NO. 1339) 

The following was received. 

November 28, 2001 
Charles (,'. Yancey, 
President. 

Boston City Council 
Boston City Hall Boston, MA 021 10 

Dear President Yancey: 

I am writing in connection with two rcs|M>nses to 
requests of the City Council for specific information 
pursuant to St.1948, c.452, S.17F, that sought informa- 
tion from the Law Department and were recently 
remanded to the Mayor. 

( >ne of the requests was for "all employees of the City 
of Boston who function currently as attorneys" and the 
other was for a "list of all Contracts within the Law 
Department including scope of services, cost, beginning 
and ending dales." 

While I am not aware of any provision of s. 171'' or of 
any other part of the City Charter that provides for 17F 
responses to be "remanded" to the Mayor, I would nev- 
ertheless like to address the substance of the two I7l'"s. 

In connection with the list of attorneys, an updated 
list of City employees who are currently authorized pur- 
suant to City Ordinance to act as attorneys lor the City 
of Boston is attached. 

In connection with the list of contracts of the Law 
Department, I advised you in a letter dated October I, 
2001 that the Law Department had only recently pro- 
vided the materials requested by you at a cost of 
SI, 96 1.39 m response to an earlier 17 1* that should be on 
file at the City Couiu il 

Nevertheless, I am including herewith a list of Law 
Department contractors with the amounl of contract, the 
scope of services and the tenn of the contract for ha al 



year 2001 , a portion ol which overlapped with the mate- 
rials previously provided, and fiscal year 2002. 

With .ill due respect, I would like to suggest that in 
the event a ( 'ounc illoi is not satisfied with a response to 
a S.17F request, a letter or a simple telephone call would 
very likely produce the desired information. In extreme 
Cases, another appropriate action would be to place the 
unsatisfactory response, on file and make another S.I7L 
request that more specifically targets the information 
that is sought. Merely remanding this response to the 
Mayor doesn't tell us what you are seeking that is in 
addition lo or otherwise different from the previous 17F 

responses. 

All of the, foregoing points out the problem of mark- 
ing a 171' response "Remanded to Mayor" - in addition 
to the fact that the phrase does not appear to have any 
significance under the City Charter, its doesn't tell the 
Mavor or the Department Head what you are looking 
for. 

In addition to being more consistent with the City 
Charter, I believe the foregoing procedures would be. far 
more likely to produce the information desired. 

Sincerely, 

Merita A. Hopkins, 
Corporation Counsel. 

(Annexed hereto is the documentation referred to.) 

Placed on file. 

Later in the session, Councilor KELLY moved recon- 
sideration of Docket No. 1339. 

Reconsideration prevailed. 

On motion of Councilor KELLY, Docket No. 1339 
was referred to the Committee on Post An Jit and 
Oversight. 



CONSENT AGENDA 

fhe Chair moved adoption of a Consent Agenda in 
which the following-named Councilors offered resolu- 
tions of a condolence or congratulatory nature as set 
forth alter each Councilor's name: 

Councilor Leeuey: ( 'ongralulatiug Rita and Dan Shea 
(Docket No. 1319). 

Councilor Kelly: Congratulating Eleanor M. Hart 
(Docket No. 1320). 

Councilor I'eeney: Congratulating 6 persons on 
receiving ( 'oilman Square/Lour ( 'orners Hidden I leroes 
Neighborhood Leadership Award (Docket No. 1321). 

Councilor llon.ai Congratulating Charlie Vasiliades 
(Docket No. 1322). 

Councilor Conley Congratulating 24 Veterans for 
their courageous Service (Docket No. 1323); 
Congratulating the "Harris .1. Bouras" AIILPA Chapter 

#406 (Docket No. M24); Congratulating Barbara 
Caparell (Dockel No. 1325). 
Councilor Feeney Congratulating Daniel cc 

Boynton (Docket No I 526). 

Councilors Yancey and Turner: Congratulating Urban 

Edge (Docket No. 1327). 

Councilor Kelly: Congratulating Janis and Richard 
Mahoney (Docket No l I !8) 

Counciloi Yancey Congratulating Marj Felicia and 
Michael Albert Shipp (Dockel No. 1329). 

Councilor Conley Congratulating Frank and Rose 
Murphy (Dockel No I 130) 

Councilor Roache Conr.i.itnlatinr Paul Dufaull 
(Docket No. 1331). 

( louncilors Ross and Yancej I ongratulating George 
Murray (Dockel No 1332) 

Councilors Yanco) aiu\ fumei Congratulating the 
Honorary Consul foi Barbados (Dockel No 1333) 
Extending condolences on the death ol Dj Harold 
Willard "Doe" Horton (Dockel No 133 u 

Counciloi Yancej Congratulating Robert Zevin 
(Docke! No I 135). 



284 



CITY COUNCIL 



Councilor Scapicchio: Coneratulating Josephine 
Zambella (Docket No. 1336). 

The matters contained within the Consent Agenda 
were severally adopted. 



ORDER FOR HEARING TO DETERMINE APPRO- 
PRIATE PROCEDURES THE INSPECTIONAL 
SERVICES DEPARTMENT SHOULD INSTI- 
TUTE TO ENSURE THAT APPELLANTS IN 
PROCEEDINGS BEFORE THE ZONING 
BOARD OF APPEAL CONDUCT PROPER 
AND SUFFICIENT COMMUNITY OUT- 
REACH PRIOR TO THEIR HEARING DATES 
(DOCKET NO. 0932) 

Councilor FLAHERTY called Docket No. 0932 from 
the Committee on Economic Development. 

Hearing no objection, the matter was before the body. 

On motion of Councilor FLAHERTY, the order was 
referred to the Committee on Government 
Operations. 



STATEMENT OF COUNCILOR HENNIGAN 

Having unanimous consent to do so, Councilor 
HENNIGAN asked when we adjourn today, we do so in 
memory of Maria Jesus Vasalvo, mother of three, 
grandmother of nine and great-grandmother of eight. 



STATEMENT OF COUNCILOR DAVIS-MULLEN 

Having unanimous consent to do so, Councilor 
DAVIS-MULLEN wanted to adjourn also in memory of 
Mrs. Jermaine McClay Poulin. 



STATEMENT OF COUNCILOR KELLY 

Having unanimous consent to do so, Councilor 
KELLY asked that when we adjourn today, we do so 
also in memory of Paul Levinson, who for many years 
was the President of the L Street Brownies and active 
member of the L Street Bath House. 



STATEMENT OF COUNCILOR MURPHY 

Having unanimous consent to do so, Councilor 
MURPHY asked that when we adjourn today, we do so 
also in memory of Walter Suprey, 31 -year veteran ofthe 
Boston Police Department and ex-partner of the 
Councilor's father. 



STATEMENT OF COUNCILOR FEENEY 

Having unanimous consent to do so, Councilor 
FEENEY asked when we adjourn today, we do so also 
in memory of Jim Maloney, a true Dorchester activist. 



STATEMENT OF PRESIDENT YANCEY 

President YANCEY wanted to also adjourn in mem- 
ory of Donald Potts. 



STATEMENT OF PRESIDENT YANCEY 

President YANCEY wanted to introduce his first 
cousin who has patiently been sitting through today's 
meeting, Mr. James Loving. 



Adjourned at 1:55 p.m. in memory of Maria Jesus 

Vasalvo, Mrs. Jermaine McClay Poulin, Paul Levinson, 
Walter Suprey, Jim Maloney and Donald Potts, to meet 
again on Wednesday, December 5, 2001 at 1:00 p.m. 



Note: All debate of City Council eliminated from 
proceedings in accordance with Chapter 447, Acts of 

1947. 



CITY OF BOSTON • GRAPHIC ARTS DEPARTMENT • 



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• 



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r 



CITY COUNCIL 



285 



suspended; the order was passed. 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, December 5, 2001 
Regular meeting of the City Council held in the 
Christopher A. Iannella Council Chamber, City Hall, at 
1:30 p.m., President YANCEY in the Chair and all 
members present. 



INVOCATION 

City Clerk Salerno delivered the invocation and the 
meeting was opened with the pledge of allegiance to the 
flag. 



STATEMENT BY CLERK SALERNO 

Clerk Salerno gave the invocation and extended her 
condolences to the family of John O'Connor, a dear 
friend, and invited Councilor Scapicchio to come up and 
recite a poem by Ralph Waldo Emerson dedicated to Mr. 
O'Connor who passed away suddenly this week at the 
age of 46. 





ORDER AUTHORIZING PARKS AND RECRE- 
ATION COMMISSIONER TO APPLY FOR, 
ACCEPT AND EXPEND GRANT OF $62,500 
TO BE AWARDED FROM MASSACHUSETTS 
DEPARTMENT OF ENVIRONMENTAL MAN- 
AGEMENT FOR PURPOSE OF FUNDING 
FOR CAPITAL PARKS PROJECT ENTITLED 
"GRAVEMARKER CONSERVATION IN 
DORCHESTER NORTH AND ELIOT BURY- 
ING GROUNDS" (DOCKET NO. 1340) 

The following was received: 

City of Boston 
Office of the Mayor 

November 19,2001 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an Order autho- 
rizing the City of Boston through the Commissioner of 
the Parks and Recreation Department to apply for, 
accept and expend a grant in an amount not to exceed 
$62,500 to be awarded from the Massachusetts 
Department of Environmental Management solely to 
provide funding for the capital parks project entitled the 
"Gravemarker Conservation in Dorchester North and 
Eliot Burying Grounds," which will include designing, 
permitting and construction activities. 

I urge your honorable body to adopt this Order as 
soon as possible so the City of Boston may apply for, 
except and expend these funds expeditiously. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

Ordered, That, pursuant to M.G.L. c. 44, § 53A, the 
City of Boston, acting by and through the Commissioner 
of the Parks and Recreation Department, be, and the 
same hereby is, authorized to apply for, accept and 
expend grants in an amount not to exceed $62,500 to be 
awarded from the Massachusetts Department of 
Environmental Management for the purposes of funding 
the capital project entitled the "Gravemarker 
Conservation in Dorchester North and Eliot Burying 
Grounds." 

On motion of Councillor FLAHERTY, the rules were 



ORDER AUTHORIZING PARKS AND RECRE- 
ATION COMMISSIONER TO APPLY FOR, 
ACCEPT AND EXPEND GRANT OF $45,000 
TO BE AWARDED FROM MASSACHUSETTS 
HISTORICAL COMMISSION FOR PURPOSE 
OF FUNDING FOR CAPITAL PARKS PRO- 
JECT ENTITLED "GRAVEMARKER CON- 
SERVATION IN DORCHESTER NORTH AND 
ELIOT BURYING GROUNDS" (DOCKET NO. 
1341) 

The following was received: 

City of Boston 
Office of the Mayor 

November 19,2001 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an order autho- 
rizing the City of Boston through the Commissioner of 
the Parks and Recreation Department to apply for, 
accept and expend a grant in an amount not to exceed 
$45,000 to be awarded from the Massachusetts 
Historical Commission solely to provide funding for the 
capital parks project entitled the "Gravemarker 
Conservation in Dorchester North and Eliot Burying 
Grounds," which will include designing, permitting, and 
construction activities. 

I urge your honorable body to adopt this Order as 
soon as possible so the City of Boston may apply for, 
except, and expend these funds expeditiously. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

Ordered, That, pursuant to M.G.L. c. 44, § 53A, the 
City of Boston, acting by and through the Commissioner 
of the Parks and Recreation Department, be, and the 
same hereby is, authorized to apply for, accept and 
expend a grant in an amount not to exceed $45,000 to be 
awarded from the Massachusetts Historical Commission 
for the purpose of funding the capital parks project enti- 
tled the "Gravemarker Conservation in Dorchester 
North and Eliot Burying Grounds," which will include 
designing, permitting, and construction activities. 

On motion of Councillor FLAHERTY, the rules were 
suspended; the order was passed. 



ORDER AUTHORIZING PARKS AND RECRE- 
ATION COMMISSIONER TO APPLY FOR, 
ACCEPT AND EXPEND GRANT OF $30,000 
TO BE AWARDED FROM MASSACHUSETTS 
HISTORICAL COMMISSION FOR PURPOSE 
OF FUNDING FOR CAPITAL PARKS 
PROJECT ENTITLED "REPAIR AND PRESER- 
VATION OF THE WOOD FAMILY MAU- 
SOLEUM, DORCHESTER NORTH AND 
BURYING GROUND (DOCKET NO. 1342) 

The following was received: 

City of Boston 
Office of the Mayor 

November 19, 2001 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an Order autho- 
rizing the City of Boston, through the Commissioner of 
the Parks and Recreation Department, to apply for. 
accept and expend a grant in an amount not to exceed 
$30,000 to be awarded from the Massachusetts 
Historical Commission solely to provide funding fir the 
capital parks project entitled the "Repair and 
Preservation of the Wood Family Mausoleum. 
Dorchester North Burying Ground" which will include 
designing, permitting and construction activities 



286 



CITY COUNCIL 



♦ 



I urge your honorable body to adopt this Order as 
soon as possible so the City of Boston may apply for, 
except and expend these funds expeditiously. 
Sincerely, 

Thomas M Menino, 
Mayor of Boston. 

Ordered, That, pursuant to M.G.L. c. 44, § 53 A, the 
City of Boston, acting by and through the Commissioner 
of the Parks and Recreation Department, be and hereby 
is authorized to apply for, accept and expend a grant in 
an amount not to exceed $30,000 to be awarded from the 
Massachusetts Historical Commission for the purpose 
of providing funding for the capital parks project enti- 
tled the "Repair and Preservation of the Wood Family 
Mausoleum, Dorchester North Burying Ground," which 
will include designing, permitting and construction 
activities. 

On motion of Councillor FLAHERTY, the rules were 
suspended; the order was passed. 



APPROVAL OF CONSTABLES' BONDS 
(DOCKET NO. 1343) 

The Constables' Bonds of the following, having been 
duly approved by the Collector-Treasurer, were received 
and approved: 

Diane M. Butler Marie A. Kashmanian 

Joseph P. Butler Christopher J. Kelley 

James F Burke Thomas C. Kitas 

Carmen A. Ciampi Fredrick W. MacDonald 

Francis R. Davis William Meier 111 

Eugene W Hamilton, Jr. Rodger D. Renrick 
Douglas D. Hansen Michael J. Slavin 

William G. Joyce 



REPORT ON ORDER THAT ASSISTANT CORPO- 
RATION COUNSEL AND MAYOR'S POLICY 
ADVISOR APPEAR BEFORE CITY COUNCIL 
TO ANSWER FOR THREE-MONTH DELAY 
IN PROCESSING PAPERWORK FOR SECOND 
INSTALLMENT OF LEGAL BILLS IN MAT- 
TER OF BOSTON CITY COUNCIL V 
THOMAS M. MENINO (COUNSEL TO THE 
CITY COUNCIL) (DOCKET NO. 0213) 

Councillor KELLY, on behalf of the Committee of 
Post Audit and Oversight, submitted the following: 

Report on Docket No. 0213, order that Assistant 
Corporation Counsel and the Mayor's policy advisor 
appear before the City Council to answer for the three- 
month delay in processing paperwork for the second 
installment of legal bills in the matter of the Boston City 
Council v. Thomas M. Menino (Counsel to the City 
Council) (referred January 24) — recommending the 
order be placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON NOTICE FROM SALLY D. GLORA, 
AUDITOR RE: TRANSFERS FOR PURPOSE 
OF CLOSING ACCOUNTS FOR FY00 
(DOCKET NO. 0126) 

Councillor KELLY, on behalf of the Committee of 
Post Audit and Oversight, submitted the following: 

Report on Docket No. 0126, notice from Sally D. 
Glora, Auditor re: transfers for purpose of closing 
accounts for FY00 (referred October 25, 2000) - 
recommending the order be placed on file. 

The report was accepted; the order was placed on 
file. 



THE CONSTRUCTION/DEVELOPMENT OF 
THE CITY-WIDE BOXING PROGRAM 
(DOCKET NO. 0638) 

Councillor KELLY, on behalf of the Committee on 
Post Audit and Oversight, submitted the following: 

Report on Docket No. 0638, order for hearing to 
discuss the construction/development of the city-wide 
boxing program (referred May 16) — recommending 
the order be placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER REGARDING AUDIT 
OF LAW DEPARTMENT (DOCKET NO. 0225) 

Councillor KELLY, on behalf of the Committee on 
Post Audit and Oversight, submitted the following: 

Report on order regarding an audit of the Law 
Department, (referred January 24) — recommending 
the order be placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR HEARING TO DISCUSS 
DEVELOPMENT AND IMPLEMENTATION 
OF SPECIAL PANEL TO INVESTIGATE AND 
RULE ON CHARGES OF CORRUPTION AND 
ALLEGATIONS OF COMMISSIONER OF 
INSPECTIONAL SERVICES (DOCKET NO. 
0761) 

Councillor KELLY, on behalf of the Committee of 
Post Audit and Oversight, submitted the following: 

Report on Docket No. 0761, order for hearing to 
discuss the development and implementation of a 
special panel to investigate and rule on the charges of 
corruption and allegations of the Commissioner of 
Inspectional Services (referred June 6) — recommend- 
ing the order be placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR HEARING TO DISCUSS 
DEVELOPMENT AND IMPLEMENTATION 
OF SPECIAL PANEL TO INVESTIGATE AND 
RULE ON CHARGES OF CORRUPTION AND 
ALLEGATIONS OF COMMISSIONER OF 
INSPECTIONAL SERVICES (DOCKET NO. 
0956) 

Councillor KELLY, on behalf of the Committee of 
Post Audit and Oversight, submitted the following: 

Report on Docket No. 0956, communication from 
Sally D. Glora, Auditor, transmitting the FY02 Payroll 
Allotment Schedules for all City Departments (referred 
August 8) — recommending the communication be 
placed on file. 

The report was accepted; the communication was 
placed on file. 



REPORT ON ORDER FOR HEARING TO DISCUSS 



REPORT ON RESOLUTION URGING STATE 
LEGISLATURE TO ENACT HOUSE 4716 SO 
THAT COSTS OF RECYCLING CRT'S ARE 
INCURRED BY PRODUCERS OF THESE 
PRODUCTS AND NOT GENERAL TAXPAY- 
ERS (DOCKET NO. 1315) 

Councillor ROSS, on behalf of Committee of 
Environment, submitted the following: 

Report on Docket No. 1315, resolution urging the 
State Legislature to enact House 4716 so that the costs 
of recycling CRT's are incurred by the producers of 
these products and not the general taxpayers (referred 



f 



DECEMBER 5, 2001 



!87 



November 28) — recommending passage of the 
resolution. 

The report was accepted; the resolution was 
adopted. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1344) 

Councillor YANCEY offered the following: 

Ordered: That effective Saturday, December 15, 2001, 
the following-named person be, and hereby is, 
appointed to the position set against their name until 
Friday, March 8, 2002: 

Robert F. Diggins, secretary. $25 1 .25, part time. 

Passed under suspension of the rules. 



APPOINTMENTS OF TEMPORARY EMPLOYEES 
(DOCKET NO. 1345) 

Councillor YANCEY offered the following: 

Ordered: That effective Saturday, December 8, 2001, 
the following-named person be, and hereby is, 
appointed to the position set against their name until 
Friday, March 1,2002: 

John R. Flavin, secretary, $251.25, part time. 

Michael F Larkin, secretary, $1,073.61, full time. 

Aoibhean McDermott, secretary. $396.40, part time. 

Lauren Wallace, secretary, $709. full time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1346) 

Councillor YANCEY offered the following: 

Ordered: That effective Saturday, December 1, 2001. 
the following-named person be, and hereby is, 
appointed to the position set against their name until 
Friday, December 28, 2001: 

Kathleen M. Ryan, administrative assistant, 
$3,279.30, full time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1347) 

Councillor YANCEY offered the following: 

Ordered: That effective Saturday, December 8, 2001, 
the following-named person be, and hereby is, 
appointed to the position set against their name until 
Friday, March 8, 2002: 

Stephen Scapicchio, secretary, $9/hr, part time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1348) 

Councillor YANCEY offered the following: 

Ordered: That effective Saturday, January 5, 2002, the 
following-named person be, and hereby is, appointed to 
the position set against their name until Friday. March 
22, 2002: 

David B. Isberg, administrative assistant, $1,119.23, 
full time. 

Kelly Ann Tynan, administrative assistant, $746.16 
full time. 

Passed under suspension of the rules. 



APPOINTMENTS OF TEMPORARY EMPLOYEES 
(DOCKET NO. 1349) 

Councillor YANCEY offered the following 

Ordered: That effective Saturday. December 8. 2001, 



the following-named person be, and hereby is, 
appointed to the position set against their name until 
Friday, December 14, 2001: 

Joyce L. Holland, secretary, $1,591.96, full time. 

Karen M. Pinckney, secretary, $1,032.18, full time. 

Kenneth W. Yarbrough, secretary, $922.61. full time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 1350) 

Councillor YANCEY offered the following: 

Ordered: That effective Saturday, December 15, 2001, 
the following-named person be, and hereby is, 
appointed to the position set against their name until 
Friday, March 15,2002: 

Joyce L. Holland, secretary, $1,091.96, full time. 

Karen M. Pinckney, secretary, $632.18, full time. 

Kenneth W. Yarbrough. secretary, $622.61, full time. 

Passed under suspension of the rules. 



ORDINANCE ESTABLISHING COST OF LIVING 
ADJUSTMENTS FOR CITY COUNCILLOR 
SALARIES (DOCKET NO. 1351) 

Councillor YANCEY offered the following: 
City of Boston 
In the year two thousand and one 

AN ORDINANCE ESTABLISHING COST 

OF LIVING ADJUSTMENTS FOR CITY 

COUNCILLOR SALARIES 

Be it ordained by the City Council of Boston, as 
follows: 

Section 1. City of Boston Code, Ordinances, Chapter 
2-8.1 be amended by inserting the following new 
paragraph at the end of the section: 

The annual salary of the City Councillors, as of 
January 1, 2002, shall not be changed except as pro- 
vided below. As of the first Monday in January 2004 and 
every second year thereafter, the salary of the City 
Councillors shall increase or decrease at the same rate as 
the increases or decreases in the Consumer Price Index 
for All Urban Consumers for the Boston-Brockton- 
Nashua, MA-NH-ME-CT region (CPI-Boston) as 
reported by the Bureau of Labor Statistics of the U.S. 
Department of Labor for November of the previous year 
for the preceding two year period. 

Referred to the Committee of the Whole. 



ORDINANCE AMENDING CITY COUNCILLOR 
SALARIES (DOCKET NO. 1352) 

Councillor YANCEY offered the following: 
City of Boston 
In the year two thousand and one 

AN ORDINANCE AMENDING 
CITY COUNCILLOR SALARIES 

Be it ordained by the City Council of Boston, as 
follows: 

Section 1. City of Boston Code. Ordinances. Chapter 
2-8.1 be amended by striking '"sixty-two thousand five 
hundred ($62,500)" and inserting "seventy-five thou- 
sand ($75,000)" 

Section 2. Effective Date. This ordinance shall be 
effective January I. 2002. 

Referred to the Committee of the Whole. 



ORDER FOR CONFIRMATION OF RFA1TOIM 
MENT OF CYRUS FIELD AS ALTERNATE 
MEMBER OF BOSTON LANDMARKS COM 



CITY COUNCIL 



MISSION FOR TERM EXPIRING JUNE 30. 
2004 (DOCKET NO. 1006) 

Councillor MURPHY called Docket No. 1006 from 
the Committee on Historic Preservation. 

No objection being heard the matter was before the 
body. 

On motion of Councillor MURPHY, the order was 
passed. 



On motion of Councillor MURPHY, the order was 
passed. 



ORDER FOR CONFIRMATION OF REAPPOINT- 
MENT OF JOHN FREEMAN AS ALTERNATE 
MEMBER OF BOSTON LANDMARKS COM- 
MISSION FOR TERM EXPIRING JUNE 30, 
2004 (DOCKET NO. 1007) 

Councillor MURPHY called Docket No. 1007 from 
the Committee on Historic Preservation. 

No objection being heard, the matter was before the 
body. 

On motion of Councillor MURPHY, the order was 
passed. 



ORDER FOR CONFIRMATION OF REAPPOINT- 
MENT OF LEON JACKLIN AS ALTERNATE 
MEMBER OF BOSTON LANDMARKS COM- 
MISSION FOR TERM EXPIRING JUNE 30, 
2004 (DOCKET NO. 1008) 

Councillor MURPHY called Docket No. 1008 from 
the Committee on Historic Preservation. 

No objection being heard, the matter was before the 
body. 

On motion of Councillor MURPHY, the order was 
passed. 



ORDER FOR CONFIRMATION OF REAPPOINT- 
MENT OF WILLIAM MARCHIONE AS 
MEMBER OF BOSTON LANDMARKS COM- 
MISSION FOR TERM EXPIRING JUNE 30, 
2004 (DOCKET NO. 1009) 

Councillor MURPHY called Docket No. 1009 from 
the Committee on Historic Preservation. 

No objection being heard, the matter was before the 
body. 

On motion of Councillor MURPHY, the order was 
passed. 



ORDER FOR CONFIRMATION OF APPOINTMENT 
OF CYRUS FIELD AS MEMBER OF BAY 
STATE ROAD/BACK BAY WEST ARCHITEC- 
TURAL CONSERVATION COMMISSION FOR 
TERM EXPIRING JUNE 30, 2004 (DOCKET 
NO. 1010) 

Councillor MURPHY called Docket No. 1010 from 
the Committee on Historic Preservation. 

No objection being heard, the matter was before the 
body. 

On motion of Councillor MURPHY, the order was 
passed. 



ORDER FOR CONFIRMATION OF REAPPOINT- 
MENT OF JOHN FREEMAN AS MEMBER OF 
SOUTH END LANDMARK DISTRICT COM- 
MISSION FOR TERM EXPIRING JUNE 30. 
2004 (DOCKET NO. 1011) 

Councillor MURPHY called Docket No. 1011 from 
the Committee on Historic Preservation. 

No objection being heard, the matter was before the 
body. 



ORDER FOR CONFIRMATION OF APPOINTMENT 
OF CYRUS FIELD AS MEMBER OF MISSION 
HILL TRIANGLE ARCHITECTURAL CON- 
SERVATION DISTRICT COMMISSION FOR 
TERM EXPIRING JUNE 30, 2004 (DOCKET 
NO. 1012) 

Councillor MURPHY called Docket No. 1012 from 
the Committee on Historic Preservation. 

No objection being heard, the matter was before the 
body. 

On motion of Councillor MURPHY, the order was 
passed. 



ORDER FOR CONFIRMATION OF APPOINTMENT 
OF CYRUS FIELD AS MEMBER OF ST. 
BOTOLPH AREA ARCHITECTURAL CON- 
SERVATION DISTRICT COMMISSION FOR 
TERM EXPIRING JUNE 30, 2004 (DOCKET 
NO. 1013) 

Councillor MURPHY called Docket No. 1013 from 
the Committee on Historic Preservation. 

No objection being heard, the matter was before the 
body. 

On motion of Councillor MURPHY, the order was 
passed. 



LATE-FILED MATTERS 

The Chair stated that, in absence of objection, two 
late-filed matters would be added to the agenda. 

No objection being heard, the following matters were 
added: 

REPORT ON ORDER ADOPTING MINIMUM RESI- 
DENTIAL FACTOR FOR PROPERTY TAX 
CLASSIFICATION AND MAXIMUM RESI- 
DENTIAL EXEMPTION FOR FY02 (DOCKET 
NO. 1318) 

Councillor YANCEY, on behalf of the Committee of 
the Whole, submitted the following: 

Report on Docket No. 1318, order adopting the min- 
imum residential factor for property tax classification 
and the maximum residential exemption for FY02 
(referred November 28) — recommending passage of 
the order in the following new draft: 

Whereas, The residents of Boston were in the fore- 
front of the successful effort to amend our state 
Constitution to allow Classification for the purpose of 
taxation; and 

Whereas, Since adoption of the Constitutional 
Amendment, this Council has established a policy of 
utilizing Classification to tax residential properties at 
the lowest level permitted by state statute; and 

Whereas, The Legislature enacted Chapter 403 of the 
Acts of 2000, the City's home rule petition to increase 
the residential exemption to thirty (30%) of the average 
assessed value of all Class One Residential parcels in 
the City of Boston; and 

Whereas, The Classification policy, and the Council's 
annual action to declare a residential exemption in the 
greatest amount permitted by the General Laws has 
resulted in substantial protection — and substantial 
savings — for both homeowners and tenants from the 
effects of revaluation; and 

Whereas, Action in this regard for Fiscal Year 2002 
must be taken prior to certification of the tax rate by the 
Department of Revenue; therefore be it 

Ordered, That pursuant to General Laws, Chapter 40, 
Section 56, the residential factor in the City of Boston 
for Fiscal Year 2002 shall be the minimum residential 



• 



DECEMBERS, 2001 



289 



factor as determined by the Commissioner of Revenue 
pursuant to Massachusetts General Laws, Chapter 58, 
Section 1 A; and be it further 

Ordered, That pursuant to Chapter 403 of the Acts of 
2000. a residential exemption in the amount of value 
equal to thirty percent (30%) of the average assessed 
value of all Class One-Residential parcels in the City of 
Boston be, and hereby is, approved for Fiscal Year 2002. 

The report was accepted; the order, in the new draft, 
was passed. 



ORDER APPROVING ISSUANCE OF TAX-EXEMPT 
BOND(S) IN PRINCIPAL AMOUNT NOT TO 
EXCEED S32,000,000 FROM BOSTON 
INDUSTRIAL DEVELOPMENT FINANCING 
AUTHORITY (BIDFA) FOR INDUSTRIAL 
DEVELOPMENT PROJECT FOR 

CROSSTOWN CENTER HOTEL, LLC AND 
AFFILIATE OF CROSSTOWN ASSOCIATES. 
LLC (DOCKET NO. 1097) 

Councillor HENNIGAN called Docket No. 1097 
from the Committee on Economic Development. 

Hearing no objection, the matter was before the body. 

On motion of Councillor HENNIGAN, the order 
was passed. 



♦ 



CERTAIN INFORMATION UNDER SECTION 17F 
RE: 100 ACRES OF LAND IN FORT POINT 
SECTION OF SOUTH BOSTON (DOCKET 
NO. 1369) 

Councillors KELLY and FLAHERTY offered the 
following: 

Ordered: That under the provisions of Section 17F of 
Chapter 452 of the Acts of 1948, as amended, and under 
any other applicable provision of law, His Honor, the 
Mayor, be and hereby is, requested to obtain and deliver 
to the City Council, within one week of the receipt 
hereof, the following information: 

Whereas, During the past two weeks both Boston 
newspapers have reported that a group of individuals 
representing major property owners of land located 
within the Fort Point section of the South Boston neigh- 
borhood have reached an agreement relative to future 
use of the 100 acres of land; and 

Whereas, It has been reported that in addition to the 
select group of individuals, representatives of the 
Boston Redevelopment Authority (BRA) have also 
participated in these discussions; and 

Whereas, It is unclear as to who else was involved in 
making decisions that will impact the neighborhood of 
South Boston far into the future; be it therefore 

Ordered, Under Rule 17F of the City Charter that the 
BRA, through the office of the mayor, respond to the 
following questions: 

1. The date and location of all meetings 

2. The names and addresses of those invited 

3. The names of all attendees 

4. The recorded minutes of all meetings. 

On motion of Councillor KELLY, the rules were sus- 
pended; the order was passed. 



• 



ORDER TO REDUCE APPROPRIATION FOR 
RESERVE FOR COLLECTIVE BARGAINING 
BY 591,603 TO PROVIDE FUNDING IN 
SCHOOL DEPARTMENT FOR FY02 COST 
ITEMS CONTAINED WITHIN PLANT 
ADMINISTRATORS ASSOCIATION AND 
LUNCH MONITORS ASSOCIATION AGREE- 
MENTS (DOCKET NO. 1298) 

Councillor TURNER called Docket No. 1298 from 
the Committee on Education and School Matters. 
No objection being heard, the matter was before the 



body. 

On motion of Councillor TURNER, the order was 
passed. 



ORDER APPROVING SUPPLEMENTAL APPROPRI- 
ATION FOR SCHOOL DEPARTMENT OF 
S9 1,603 TO COVER COST ITEMS CON- 
TAINED IN PLANT ADMINISTRATORS 
ASSOCIATION AND LUNCH MONITORS 
ASSOCIATION AGREEMENTS (DOCKET NO 
1299) 

Councillor TURNER called Docket No. 1299 from 
the Committee on Education and School Matters. 

No objection being heard, the matter was before the 
body. 

On motion of Councillor TURNER, the order was 
passed. 



STATEMENT OF 
COUNCILLOR DAVIS-MULLEN 

Having unanimous consent to do so. Councillor 
DAVIS-MULLEN asked that when we adjourn today, 
we do so in memory of two women that she served with 
on the Boston School Committee, Rita Walsh Tomasini 
and Marian Ego. and she wanted to thank them for their 
many years of public service and send condolences to 
their families. 



STATEMENT OF 
COUNCILLOR HENNIGAN 

Having unanimous consent to do so. Councillor 
HENNIGAN also wanted to send condolences to the 
Walsh-Tomasini and Ego families and also adjourn in 
memorv of Vema Havnes. 



STATEMENT OF THE PRESIDENT 

President YANCEY wanted to adjourn also in mem- 
ory of Marguerite Grimes who was laid to rest this 
morning. 



STATEMENT OF COUNCILLOR MURPHY 

Having unanimous consent to do so. Councillor 
MURPHY asked that on behalf of himself and 
Councillor CONLEY that when we adjourn today, we do 
so in memory of the Most Reverend Lawrence Riley, 
Auxiliary Bishop of Boston. 



STATEMENT OF COUNCILLOR SCAPICCHIO 

Having unanimous consent to do so, Councillor 
SCAPICCHIO wanted to also adjourn in memory of 
Barbara DeCristoforo. his friend Bobby DeCristoforo's 
mother. 



STATEMENT OF COUNCILLOR TURNER 

Councillor TURNER wanted to join in with 
Councillor HENNIGAN and adjourn in memory of 
Vema Havnes. 



STATEMENT OF COUNCILLOR FEENEY 

Having unanimous consent to do so. Councillor 
FEENEY wanted to also adjourn in memory of Nunzio 
Modica. father of former Councillor Diane Modica 



290 



CITY COUNCIL 



whose mother also just passed away recently and sends 
her condolences to Ms. Modica and her brother. 



STATEMENT OF COUNCILLOR ROSS 

Having unanimous consent to do so, Councillor 
ROSS asked that in addition to the others, he would like 
to adjourn in memory of John O'Connor whose funeral 
he attended this morning. 



MEETING IN EXECUTIVE SESSION 

Councillor HENNIGAN moved that the City Council 
recess at 2:07 p.m. for a meeting in Executive Session to 
discuss legal matters. 

The motion was carried. 



RECESS 



CLOSING PRAYER 



Reverend Alexander Heard 
Thompson said a closing prayer. 



and Bishop Gilbert 



Adjourned at 3:10 p.m. in memory of John 
O'Connor, Marian Ego, Rita Walsh-Tomasini, Bishop 
Lawrence Riley, Marguerite Grimes, Nunzio Modica 
and Barbara DiCristoforo , to meet again on 
Wednesday, December 12, 2001 at 12:00 noon. 



Note: All debate of City Council eliminated from 
proceedings in accordance with Chapter 447, Acts of 
1947. 



The meeting in Executive Session having adjourned, 
the members reassembled in the City Council Chamber 
and were called to order by President YANCEY at 2:56 
p.m. 



STATEMENT OF PRESIDENT YANCEY 

President YANCEY wished his wife Marzetta of 31 
years a very happy birthday. 



CONSENT AGENDA 

The Chair moved adoption of a Consent Agenda in 
which the following-named Councillors offered resolu- 
tions of a condolence or congratulatory nature as set 
forth after each Councillor's name: 

Councillor Conley: Congratulating John and Florence 
Robb (Docket No. 1353); congratulating Tafafumi 
Yamamoto (Docket No. 1354); congratulating Ashley 
Ayuso (Docket No. 1355). 

Councillor Kelly: Congratulating nine persons on 
winning the South Boston Main Streets Coloring 
Contest (Docket No. 1356). 

Councillor Scapicchio: Congratulating Kevin 
McCusker (Docket No. 1357); congratulating Jack 
Schievink (Docket No. 1358); congratulating twelve 
persons for years of service to the people of Boston 
(Docket No. 1359). 

Councillor Murphy: Declaring December 1, 2001 
"Michael F. Cassidy Day" (Docket No. 1360). 

Councillors Murphy and Turner: Congratulating and 
declaring November 30, 2001 "Robert H. Prince, Jr. 
Day" (Docket No. 1361). 

Councillor Murphy: Declaring November 20, 2001 
"Richard J. Daley, Jr. Day" (Docket No. 1362); declar- 
ing December 12, 2001 "Penny MacPherson Day" 
(Docket No. 1363). 

Councillor Yancey: Congratulating eleven persons on 
receiving the Caribbean-American Scholarship for 
academic achievement (Docket No. 1364). 

Councillors Yancey and Feeney: Congratulating 
Paulencia Gattereau (Docket No. 1365). 

Councillors Yancey and Turner: Congratulating 
Haitian-American Public Health Initiatives, Inc. 
(Docket No. 1366). 

Councillor Yancey: Congratulating Dr. Michael Eric 
Dyson (Docket No. 1367). 

Councillor Roache: Recognizing the Liberty Journey 
Scholarship Fund (Docket No. 1368). 

The matters contained within the Consent Agenda 
were severally adopted. 



f 



CITY OF BOSTON • GRAPHIC ARTS DEPARTMENT • 



CITY COUNCIL 



291 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, December 12, 2001 
Regular meeting of the City Council held in the 
Christopher A. Iannella Council Chamber, City Hall, at 
12:20 p. m. , President YANCEY in the Chair and all 
members present. 



INVOCATION 

Monsignor Thomas McDonnell, St. Augustine's 
Church, delivered the invocation and the meeting was 
opened with the pledge of allegiance to the flag. 



PRESENTATION BY COUNCILOR MURPHY 

Councilor MURPHY presented honor roll students 
from the Thompson Middle School with resolutions for 
their hard work and dedication to education. 



ORDER FOR CONFIRMATION OF REAPPOINT- 
MENT OF LAWRENCE DICARA AS MEM- 
BER OF AUDIT COMMITTEE FOR TERM 
EXPIRING NOVEMBER 2006 (DOCKET NO. 
1370) 

The following was received: 

City of Boston 
Office of the Mayor 

November 29, 2001 
To the City Council. 
Dear Councillors: 

I transmit herewith for your confirmation an Order 
regarding the reappointment of Lawrence DiCara of 36 
Burroughs Street, Jamaica Plain, MA 02130, as a 
member of the Audit Committee for a term expiring 
November 2006. 

Sincerely, 

Thomas M.Menino, 
Mayor of Boston. 

Ordered, That, pursuant to St. 1982, c. 190, sec. 14, 
the reappointment of Lawrence DiCara of 36 Burroughs 
Street, Jamaica Plain, MA, as a member of the Audit 
Committee for a term expiring November 2006 be and 
hereby is, approved. 

Referred to the Committee on Post Audit and 
Oversight. 



VISITORS TO CITY COUNCIL 

Councillor FEENEY introduced and welcomed the 
children from Dorchester Youth Academy who were 
touring City Hall today. 



ORDER FOR CONFIRMATION OF REAPPOINT- 
MENT OF CHRISTINE PRATT AS MEMBER 
OF AUDIT COMMITTEE FOR TERM EXPIR- 
ING NOVEMBER 2006 (DOCKET NO. 1371) 

The following was received: 

City of Boston 
Office of the Mayor 

November 29, 2001 
To the City Council. 
Dear Councillors: 



I transmit herewith for your confirmation an Order 
regarding the reappointment of Christine Pratt of 34 
West Cedar Street, Boston, MA 02108, as a member of 
the Audit Committee for a term expiring November 
2006. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

Ordered, That, pursuant to St. 1982, c. 190, § 14, the 
reappointment of Christine Pratt of 34 West Cedar 
Street, Boston. MA, as a member of the Audit 
Committee for a term expiring November 2006 be and 
hereby is, approved. 

Referred to the Committee on Post Audit and 
Oversight. 



ORDER FOR CONFIRMATION OF REAPPOINT- 
MENT OF DR. HORTENSIA AMARO AS 
MEMBER OF PUBLIC HEALTH COMMIS- 
SION FOR TERM EXPIRING JANUARY 1, 
2003 (DOCKET NO. 1372) 

The following was received: 

City of Boston 
Office of the Mayor 

December 4, 2001 
To the City Council. 
Dear Councillors: 

I transmit herewith for your confirmation an Order 
regarding the reappointment of Dr. Hortensia Amaro of 
17 Lakeville Road #6, Jamaica Plain, 02130, as a mem- 
ber of the Boston Public Health Commission for a term 
expiring on January 1, 2003. I am reappointing Dr. 
Amaro pursuant to the authority vested in me by St. 
1995, c. 147, § 3, and subject to your confirmation. 

I urge your Honorable Body to pass this Order at your 
earliest convenience. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

Ordered, That, pursuant to the provisions of St. 1995, 
c. 147, § 3, the reappointment of Dr. Hortensia Amaro 
of 17 Lakeville Road #6, Jamaica Plain, MA 02130, as 
a member of the Boston Public Health Commission for 
a term expiring January 1 , 2003, be and the same hereby 
is approved. 

On motion of Councillor ROACHE, the rules were 
suspended; the order was passed. 



ORDER FOR CONFIRMATION OF REAPPOINT- 
MENT OF JACKIE JENKINS SCOTT AS MEM- 
BER OF PUBLIC HEALTH COMMISSION 
FOR TERM EXPIRING JANUARY 1, 2003 
(DOCKET NO. 1373) 

The following was received: 

City of Boston 
Office of the Mayor 

December 4, 2001 
To the City Council. 
Dear Councillors; 

I transmit herewith for your confirmation an Order 
regarding the reappointment of Jackie Jenkins Scott of 
1 063 Commonwealth Avenue, Newton. MA 02 1 59, as a 
member of the Boston Public Health Commission for a 
term expiring on January 1 , 2003. I am reappointing Ms. 
Scott pursuant to the authority vested in me by St. 1995, 
c. 147, § 3, and subject to your confirmation. 

I urge your Honorable Body to pass this Order at your 
earliest convenience. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



292 



CITY COUNCIL 



Ordered, That, pursuant to the provisions of St. 1995, 
c. 147, § 3, the reappointment of Jackie Jenkins Scott of 
1063 Commonwealth Avenue, Newton, MA 02159, as a 
member of the Boston Public Health Commission for 
term expiring on January 1, 2003, be and the same 
hereby is approved. 

On motion of Councillor ROACHE, the rules were 
suspended; the order was passed. 



ORDER FOR CONFIRMATION OF REAPPOINT- 
MENT OF NELSON ARROYO AS MEMBER 
OF ZONING COMMISSION FOR TERM 
EXPIRING MAY 1, 2004 (DOCKET NO. 1374) 

The following was received: 

City of Boston 
Office of the Mayor 

December 3, 2001 
To the City Council. 
Dear Councillors: 

I transmit herewith for your confirmation an Order 
regarding the appointment of Nelson Arroyo of 41 
Chestnut Avenue, Jamaica Plain, MA as a member of 
the Zoning Commission for a term to expire May 1, 
2004. 

I am appointing Mr. Arroyo pursuant to the authority 
vested in me by Chapter 461 of the Acts of 1993, and 
subject to your confirmation. 

I urge your Honorable Body to confirm Mr. Arroyo's 
appointment as soon as possible. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

Ordered, That, pursuant to St. 1993, c. 461, the 
appointment of Nelson Arroyo of 41 Chestnut Avenue, 
Jamaica Plain, MA, 02130, as a member of the Zoning 
Commission for a term to expire on May 1, 2004, be and 
the same hereby is approved. 

Referred to the Committee on Economic 
Development. 



ORDER FOR CONFIRMATION OF APPOINTMENT 
OF JANE BRAYTON AS MEMBER OF ZON- 
ING COMMISSION FOR TERM EXPIRING 
MAY 1, 2004 (DOCKET NO. 1375) 

The following was received: 

City of Boston 
Office of the Mayor 

December 3, 2001 
To the City Council. 
Dear Councillors: 

I transmit herewith for your confirmation an Order 
regarding the appointment Jane Brayton of #3 Haven 
Street, Boston, MA as a member of the Zoning 
Commission for a term to expire May 1, 2004. I am 
appointing Ms. Brayton pursuant to the authority vested 
in me by Chapter 461 of the Acts of 1993, and subject to 
your confirmation. 

I urge your Honorable Body to confirm Ms. Brayton 's 
appointment as soon as possible. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

Ordered, That, pursuant to St. 1993, c. 461, the 
appointment of Jane Brayton of #3 Haven Street, 
Boston, MA, 02118, as a member of the Zoning 
Commission for a term to expire on May 1 , 2004, be and 
the same hereby is approved. 

Referred to the Committee on Economic 
Development. 



CERTAIN INFORMATION UNDER SECTION 17F 
RE: SUMMARIES OF RESPONSIBILITIES 
AND OBLIGATIONS AS SET IN STATUTES 
AND ORDINANCES FROM VARIOUS CITY 
DEPARTMENTS (DOCKET NO. 1376) 

The following was received: 

City of Boston 
Office of the Mayor 

December 10, 2001 
To the City Council. 
Dear Councillors: 

Relative to the 1 7 F request passed by your Honorable 
Body November 28, 2001, re: responsibilities as set in 
statutes and ordinances from various city departments, 
please find the attached response. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 
(Annexed hereto is the documentation referred to.) 
Placed on file. 



CERTAIN INFORMATION UNDER SECTION 17F 
RE: LAND IN FORT POINT SECTION OF 
SOUTH BOSTON (DOCKET NO. 1377) 

The following was received: 

City of Boston 
Office of the Mayor 

December 10, 2001 
To the City Council. 
Dear Councillors: 

Relative to the 1 7 F request passed by your Honorable 
Body December 5, 2001, re: Boston Redevelopment 
Authority, please find the attached response. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 
(Annexed hereto is the documentation referred to.) 
Placed on file. 



JITNEY APPLICATION 
(DOCKET NO. 1378) 

Petition was received from Boxer Corporation d/b/a 
Action Transportation for license to operate motor 
vehicles for the carriage of passengers for hire over 
certain streets in Boston. 

Referred to the Committee on Transportation. 



JITNEY APPLICATION 
(DOCKET NO. 1379) 

Petition was received from Back Bay Coach, Inc. for 
license to operate motor vehicles for the carriage of 
passengers for hire over certain streets in Boston. 

Referred to the Committee on Transportation. 



REPORT ON PETITION OF M&L TRANSIT SYS- 
TEM, INC. FOR LICENSE TO OPERATE 
MOTOR VEHICLES FOR CARRIAGE OF PAS- 
SENGERS FOR HIRE OVER CERTAIN 
STREETS IN BOSTON (DOCKET NO. 1239) 

Councillor SCAPICCHIO, on behalf of the 
Committee on Transportation, submitted the following: 

Report on Docket No. 1239, petition of M&L Transit 
System, Inc. for license to operate motor vehicles for the 
carriage of passengers for hire over certain streets in 
Boston (referred October 31) — recommending passage 
of petition under certain conditions. 

The report was accepted; the petition was passed 
under certain conditions. 




DECEMBER 12, 2001 



293 



REPORT ON PETITION OF BOXER CORPORA- 
TION D/B/A ACTION TRANSPORTATION 
FOR LICENSE TO OPERATE MOTOR VEHI- 
CLES FOR CARRIAGE OF PASSENGERS 
FOR HIRE OVER CERTAIN STREETS IN 
BOSTON (DOCKET NO. 1171) 

Councillor SCAPICCHIO, on behalf of the 
Committee on Transportation, submitted the following: 

Report on Docket No. 1171, petition of Boxer 
Corporation d/b/a Action Transportation for license to 
operate motor vehicles for the carriage of passengers for 
hire over certain streets in Boston (referred October 1 7) 
— recommending petition ought to be placed on file. 

The report was accepted; the petition was placed on 
file. 




REPORT ON ORDER FOR HEARING TO REVIEW 
CURRENT AND PROPOSED BICYCLE POLI- 
CIES AND DETERMINE BUDGET NEEDS 
FOR FY01 TO INCLUDE WHETHER FULL- 
TIME BICYCLE COORDINATOR POSITION 
HAS BEEN BUDGETED FOR FY01 (DOCKET 
NO. 0227) 

Councillor SCAPICCHIO, on behalf of the 
Committee on Transportation, submitted the following: 

Report on Docket No. 0227, order for a hearing to 
review the current and proposed bicycle policies and to 
determine budget needs for FY01 to include whether a 
full-time bicycle coordinator position has been budgeted 
for FY01 (referred January 24, 2001 ) — recommend- 
ing the order ought to be placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR HEARING TO EXAMINE 
POSSIBILITY OF IMPOSING STIFF PENAL- 
TIES ON ANYONE CAUGHT WITH STOLEN 
RESIDENT PARKING STICKER (DOCKET 
NO. 0288) 

Councillor SCAPICCHIO, on behalf of the 
Committee on Transportation, submitted the following: 

Report on Docket No. 0288, order for a hearing to 
examine the possibility of imposing stiff penalties on 
anyone caught with a stolen Resident Parking sticker 
(referred February 7) — recommending the order ought 
to be placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR HEARING RE: 
LATER SERVICE ON MBTA (DOCKET NO. 0348) 

Councillor SCAPICCHIO, on behalf of the 
Committee on Transportation, submitted the following: 

Report on Docket No. 0348, order for a hearing re: 
later service on MBTA (referred February 28) — rec- 
ommending the order ought to be placed on file. 

The report was accepted; the order was placed on 
file. 




REPORT ON ORDER FOR HEARING TO ASK 
DEPARTMENT OF TRANSPORTATION TO 
IMMEDIATELY ENACT CITYWIDE PRO- 
GRAM AIMED AT REPAINTING ALL PEDES- 
TRIAN CROSSWALKS THAT ARE WORN, 
FADED OR PARTIALLY MISSING (DOCKET 
NO. 0495) 

Councillor SCAPICCHIO, on behalf of the 

Committee on Transportation, submitted the following: 

Report on Docket No. 0495, order for hearing to ask 



the Department of Transportation to immediately enact 
a citywide program aimed at repainting all pedestrian 
crosswalks that are worn, faded or partially missing 
(referred April 11) — recommending the order ought to 
be placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR HEARING RE: DECI- 
SION BY DEPARTMENT OF NEIGHBOR- 
HOOD DEVELOPMENT TO WITHDRAW 
DESIGNATED DEVELOPER FOR VACANT 
LAND IN SOUTH BOSTON FROM SOUTH 
BOSTON BETTERMENT TRUST (DOCKET 
NO. 0108) 

Councillor HENNIGAN, on behalf of the Committee 
on Economic Development, submitted the following: 

Report on Docket No. 105, order for hearing re: the 
decision by the Department of Neighborhood 
Development to withdraw the designated developer for 
vacant land in South Boston from the South Boston 
Betterment Trust (referred November 1 5, 2000) — rec- 
ommending the order ought to be placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR HEARING TO DETER- 
MINE THROUGH WHAT PROCESS BOSTON 
WATER AND SEWER COMMISSION CHOSE 
STRIDE-RITE SITE AND ALSO CONDITIONS 
UNDER WHICH THE D STREET PROPERTY 
WAS RELINQUISHED TO THE BOSTON 
REDEVELOPMENT AUTHORITY(DOCKET 
NO. 0109) 

Councillor HENNIGAN, on behalf of the Committee 
on Economic Development, submitted the following: 

Report on Docket No. 0109, order for a hearing to 
determine through what process the Boston Water and 
Sewer Commission chose the Stride-Rite site and also 
the conditions under which the D Street property was 
relinquished to the Boston Redevelopment Authority 
(referred December 13, 2000) — recommending the 
order ought to be placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDINANCE AMENDING MINORITY 
AND WOMEN BUSINESS ENTERPRISE 
(MWBE) ORDINANCE (DOCKET NO. 1297) 

Councillor MURPHY, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 1297, message of the Mayor 
and ordinance amending the Minority and Women 
Business Enterprise (MWBE) ordinance (referred 
November 28, 2001) — recommending the ordinance be 
passed in the following new draft: 

City of Boston 

In the Year Two Thousand and One 

AN ORDINANCE AMENDING THE MINORITY 

AND WOMEN BUSINESS ENTERPRISE 

ORDINANCE, CITY OF BOSTON CODE, 

ORDINANCES, CHAPTER 4-4 

Be it ordained by the City Council of Boston, as 
follows: 

That CBC, Ordinances, Chapter IV, section 4-4.6 (5) 
be amended by deleting the entire section and inserting 
in its place the following: 

"This section shall take effect upon passage and 
shall expire on December 31, 2002." 



294 



CITY COUNCIL 



"All City Departments shall report to the Mayor 
and to the City Council on a monthly basis each 
Department's contracting activities, including dol- 
lar amounts and percentages awarded to Minority 
and Women Owned Business Enterprises." 
The report was accepted; the ordinance, in the new 
draft, was passed. 



REPORT ON ORDER APPROVING COMPENSAT- 
ING BALANCE AGREEMENT BY AND 
BETWEEN CITY AND CITIZENS BANK FOR 
PROVISION OF BANKING SERVICES 
(DOCKET NO. 1091) 

Councillor HONAN, on behalf of the Committee on 
Banking and Community Investment, submitted the 
following: 

Report on Docket No. 1091, message of the Mayor 
and order approving the compensating balance agree- 
ment by and between the City and Citizens Bank for the 
provision of Banking Services (referred September 19) 
— recommending passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER APPROVING COMPENSAT- 
ING BALANCE AGREEMENT BY AND 
BETWEEN CITY AND LIBERTY BANK AND 
TRUST FOR PROVISION OF BANKING SER- 
VICES (DOCKET NO. 1092) 

Councillor HONAN, on behalf of the Committee on 
Banking and Community Investment, submitted the 
following: 

Report on Docket No. 1092, message of the Mayor 
and order approving the compensating balance agree- 
ment by and between the City and Liberty Bank and 
Trust for the provision of Banking Services (referred 
September 19) — recommending passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER APPROVING COMPENSAT- 
ING BALANCE AGREEMENT BY AND 
BETWEEN CITY AND FLEET NATIONAL 
BANK FOR PROVISION OF BANKING SER- 
VICES (DOCKET NO. 1093) 

Councillor HONAN, on behalf of the Committee on 
Banking and Community Investment, submitted the 
following: 

Report on Docket No. 1093, message of the Mayor 
and order approving the compensating balance agree- 
ment by and between the City and Fleet National Bank 
for the provision of Banking Services (referred 
September 19) — recommending passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER APPROVING COMPENSAT- 
ING BALANCE AGREEMENT BY AND 
BETWEEN CITY AND CITIZENS BANK FOR 
PROVISION OF DIRECT DEPOSIT ACCOUNT 
SERVICES (DOCKET NO. 1094) 

Councillor HONAN, on behalf of the Committee on 
Banking and Community Investment, submitted the 
following: 

Report on Docket No. 1094, message of the Mayor 
and order approving the compensating balance agree- 
ment by and between the City and Citizens Bank for the 
provision of Direct Deposit Account Services (referred 
September 19) — recommending passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER APPROVING COMPENSAT- 
ING BALANCE AGREEMENT BY AND 
BETWEEN CITY AND EASTERN BANK FOR 
PROVISION OF BANKING SERVICES 
(DOCKET NO. 1095) 

Councillor HONAN, on behalf of the Committee on 
Banking and Community Investment, submitted the 
following: 

Report on Docket No. 1095, message of the Mayor 
and order approving the compensating balance agree- 
ment by and between the City and Eastern Bank for the 
provision of Banking Services (referred September 19) 
— recommending passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER APPROVING COMPENSAT- 
ING BALANCE AGREEMENT BY AND 
BETWEEN CITY AND SOVEREIGN BANK 
FOR PROVISION OF CREDIT/DEBIT CARD 
BANKING SERVICES (DOCKET NO. 1096) 

Councillor HONAN, on behalf of the Committee on 
Banking and Community Investment, submitted the 
following: 

Report on Docket No. 1 096, message of the Mayor 
and order approving the compensating balance agree- 
ment by and between the City and Sovereign Bank for 
the provision of Credit/Debit Card Banking Services 
(referred September 19) — recommending passage of 
the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER APPROVING COMPENSAT- 
ING BALANCE AGREEMENT BY AND 
BETWEEN CITY AND CENTURY BANK AND 
TRUST COMPANY FOR PROVISION OF 
BANKING SERVICES (DOCKET NO. 1136) 

Councillor HONAN, on behalf of the Committee on 
Banking and Community Investment, submitted the 
following: 

Report on Docket No. 1 136, message of the Mayor 
and order approving the compensating balance agree- 
ment by and between the City and Century Bank and 
Trust Company for the provision of Banking Services 
(referred October 3) — recommending passage of the 
order. 

The report was accepted; the order was passed. 



REPORT ON ORDER APPROVING COMPENSAT- 
ING BALANCE AGREEMENT BY AND 
BETWEEN CITY AND CENTURY BANK AND 
TRUST COMPANY FOR PROVISION OF 
LOCK BOX SERVICES (DOCKET NO. 1 137) 

Councillor HONAN, on behalf of the Committee on 
Banking and Community Investment, submitted the 
following: 

Report on Docket No. 1 137, message of the Mayor 
and order approving the compensating balance agree- 
ment by and between the City and Century Bank for the 
provision of Lock Box Services (referred October 3) — 
recommending passage of the order. 

The report was accepted; the order was passed. 



PRESENTATION BY COUNCILOR FEENEY 

Councillor Feeney presented Councillor Peggy Davis- 
Mullen with flowers and beautiful words of friendship. 
Councillor Feeney recalled being a freshman eight years 
ago with Councillor Davis-Mullen. She spoke of her 
dedication especially to education and the elderly noting 
how she has stood up always for her beliefs and has been 




DECEMBER 12, 2001 



295 



daring and bold. She said she knows there are wonder- 
ful things ahead for her and wished her well in her 
endeavors. 



PRESENTATION BY PRESIDENT YANCEY 

President Yancey presented Councillor Davis-Mullen 
with a plaque thanking her for her service to the City 
Council from 1994 to 2001 and in recognition of her 
outstanding contributions to the residents of Boston. 



TRIBUTE TO COUNCILOR DAVIS-MULLEN 
BY COUNCILOR HENNIGAN 

Councillor Hennigan wanted to wish Councillor 
Davis-Mullen her best wishes and reminisced back to 
when Councillor Davis-Mullen joined the Council and 
there were four women for the first time on the City 
Council and how the women raised issues that were 
important to women and men in the City. She said she is 
an outstanding leader and was always willing to push the 
envelope. She said, "You are someone who I consider a 
friend and have a great deal of respect and love and 
admiration for." 




TRIBUTE TO COUNCILOR DAVIS-MULLEN 
BY COUNCILOR KELLY 

Councillor Kelly remembered back when Councillor 
Davis-Mullen was seventeen and came to his office to 
tell of her dreams and goals which have all come true 
and far exceeded her goals. How education was impor- 
tant to her having personally lived through the '70s 
confusion. He said he didn't think there was anyone that 
he has served with on the City Council that has been 
more sincere, more hardworking, more competent, more 
caring, particularly for education and for the school 
children of the City of Boston. 



TRIBUTE TO COUNCILOR DAVIS-MULLEN 
BY COUNCILOR CONLEY 

Councillor Conley, also being a member of the Class 
of '94, remembers always sitting next to Peggy and talk- 
ing under their breath to each other and had a lot of fun 
talking about family and friends and relationships and 
the business they are in, and he said he'll cherish those 
moments. 



TRIBUTE TO COUNCILOR DAVIS-MULLEN 
BY COUNCILOR HONAN 

Councillor Honan said it's an honor to recognize 
Councillor Davis-Mullen and the incredible career that 
she has had thus far. He joked about her making a lot of 
money now that she is a former mayoral candidate. He 
said it was an honor serving with her; she is one tough 
cookie, a wonderful person who fought hard and ran a 
classy campaign on issues that were important to her 
and always remaining positive. He wished her well and 
knows she will have a wonderful career ahead of her. 




TRIBUTE TO COUNCILLOR DAVIS-MULLEN 
BY COUNCILLOR ROACHE 

Councillor Roache told Councillor Davis-Mullen that 
life begins at forty. He said Peggy is a legacy who drove 
home the issue of neighborhood schools and not in a bad 
or evil way. He wished her well and congratulated her. 



TRIBUTE TO COUNCILLOR DAVIS-MULLEN 
BY COUNCILLOR MURPHY 

Councillor Murphy made everyone laugh saying that 
the two were sometimes known as Councillor Oil and 
Councillor Water, but he always knew where she was 
coming from. He said he knew that what Peggy Davis- 
Mullen had in her heart and in her head was what she 
thought was for the best for all of the people of Boston. 



TRIBUTE TO COUNCILLOR DAVIS-MULLEN 
BY COUNCILLOR SCAPICCHIO 

Councillor Scapicchio commended Councillor Davis- 
Mullen for the enthusiasm and excitement she brought 
to their class at the Kennedy School of Government, he 
thought it was amazing. He said it was a pleasure to 
work with her. 



TRIBUTE TO COUNCILLOR DAVIS-MULLEN 
BY COUNCILLOR FLAHERTY 

Councillor Flaherty wanted to wish Peggy well and 
remembers the times she was visiting his grandparents 
on Bowen Street in South Boston, how she was a skate 
guard when he was a rink rat at the skating rink and 
wished her good luck on all of her endeavors on behalf 
of the Flaherty family, the neighbors and relatives and 
their mutual friends and all the lower-enders in South 
Boston. 



TRIBUTE TO COUNCILLOR DAVIS-MULLEN 
BY COUNCILLOR ROSS 

Councillor Ross said he owed Peggy lunch because 
she bid on lunch with him at a Young Democrats con- 
vention. He thanked her for her direction and support 
she gave him on many issues, especially with the 
Fenway, as he was starting out a couple of years ago. 
Whenever and wherever she wants to go for lunch is fine 
with him, and in fact should be cashed in for a long 
friendship, because he has learned a lot from her. He 
thanked her for all she taught him. 



TRIBUTE TO COUNCILLOR DAVIS-MULLEN 
BY COUNCILLOR TURNER 

Councillor Turner said he appreciates and cares for 
Peggy Davis-Mullen. He said how important it is to 
appreciate having allies in your life that you need to 
depend on and people whose integrity is there day in and 
day out. He thanked Councillor Davis-Mullen for that 
integrity. 



FAREWELL OF COUNCILLOR DAVIS-MULLEN 

Councillor Davis-Mullen thanked everyone for their 
kind words and said it's been an honor and a privilege to 
serve the people of this city. She was happy there was a 
chamber full of young people because that's what it is all 
about. That's what has given her the beginning of her 
political career. She said for the first time in forty-one 
years, she doesn't have it all figured out and has no plans 
except to spend some quality time with her family. She 
will enjoy tremendously being home when her children 
arrive home from school. She said her children were 
born in this business and now they get to have someone 
at home that can really work on their homework and 
admitted to also being "a great cook " 

She thanked everyone for their kindness and hopes 
that they keep up the fight on some very important 
issues. "And we need to build those schools." 



296 



CITY COUNCIL 



(Applause was given and photographs were taken.) 



MEETING IN EXECUTIVE SESSION 

President YANCEY moved that the City Council 
recess at 1:17 p.m. for a meeting in Executive Session to 
discuss legal and personnel matters. 

The motion was carried. 



RECESS 



The meeting in Executive Session having adjourned, 
the members reassembled in the City Council Chamber 
and were called to order by President YANCEY at 4:05 
p.m. 



REPORT ON ORDINANCE ESTABLISHING COST 
OF LIVING ADJUSTMENTS FOR CITY 
COUNCILLOR SALARIES (DOCKET NO. 
1351) 

Councillor YANCEY, on behalf of the Committee of 
the Whole, submitted the following: 

Report on Docket No. 1351, ordinance Establishing 
Cost of Living Adjustments for City Councillor Salaries 
(referred December 5) — recommending the ordinance 
be placed on file. 

The report was accepted; the ordinance was placed 
on file. 



REPORT ON ORDINANCE AMENDING CITY 
COUNCILLOR SALARIES (DOCKET NO. 1352) 

Councillor YANCEY, on behalf of the Committee of 
the Whole, submitted the following: 

Report on Docket No. 1352, ordinance amending 
City Councillor Salaries (referred December 5) — rec- 
ommending the ordinance ought to pass in the following 
new draft: 

City of Boston 
In the Year Two Thousand and One 

AN ORDINANCE AMENDING 
VARIOUS SALARIES 

Be it ordained by the City Council of Boston, as 
follows: 

Section 1 . City of Boston Code, Ordinances, Chapter 
2-8.1 be amended by striking "sixty-two thousand five 
hundred ($62,500)" and inserting "seventy-five thou- 
sand ($75,000)" 

Section 2. City of Boston Code, Ordinances, Chapter 
2-7.1 1 be amended by striking "one hundred twenty-five 
thousand ($125,000)" and inserting "one hundred fifty 
thousand ($150,000). 

Section 3. City of Boston Code, Ordinances, Chapter 
5-5.10 be amended by striking the section in its entirety 
and replacing it with the following: 

5-5.10 Salary Categories for Certain Officers 

a. Holders of the following offices shall receive 
such annual salary as shall be fixed by the Mayor 
within the limits set out below for the category in 
which said office is placed. In fixing such salary, the 
Mayor shall consider the salaries paid equivalent 
offices by comparable governmental units elsewhere 
in the United States, the salary necessary to attract or 
retain competent individuals in the City's service and 
the recommendation of the Boston Compensation 
Advisory Board. Such salary shall, except as other- 
wise provided by statute or ordinance, be in full for all 
services rendered to the City and County, shall be 
apportionable in the event of service for only part of 



the year, and shall be subject to deduction for any and 
all sums due to the City or County from such office 
holder: 

Category IA shall include: the Director of 
Administrative Services, the Police Commissioner, 
and the Fire Commissioner, who shall receive as 
salary not less than ninety-eight thousand one hun- 
dred ($98,100.00) dollars nor more than one hun- 
dred fifty thousand ($150,000.00) dollars. 

Category IB shall include: the Corporation 
Counsel, the Director of Management Information 
Systems, and the Collector-Treasurer, who shall 
receive as salary not less than ninety-four thousand 
one hundred seventy-six ($94,176.00) dollars nor 
more than one hundred twenty-eight thousand six 
hundred twenty ($128,620.00) dollars. 

Category II shall include: the Commissioner of 
Assessing, the Commissioner of Public Works, the 
Commissioner of Inspectional Services, the 
Commissioner of Parks and Recreation, the 
Commissioner of Transportation, the City Auditor, 
and the Commissioner of Property Management, 
who shall receive as salary not less than ninety-four 
thousand one hundred seventy-six ($94,176.00) 
dollars nor more than one hundred twenty-three 
thousand six hundred six ($123,606.00) dollars. 

Category III shall include: the Supervisor of 
Budget, the Supervisor of Personnel, the 
Supervisor of Labor Relations, the Purchasing 
Agent and the City Clerk, who shall receive as 
salary not less than eighty-two thousand four hun- 
dred four ($82,404.00) dollars nor more than one 
hundred eleven thousand eight hundred thirty-four 
($11 1,834.00) dollars. 

Category IVA shall include: the Commissioner 
of Elderly Affairs, the Commissioner of Veterans' 
Services, the Chairman of the Election 
Commission, the Assistant Commissioner of 
Property Management, the Associate 
Commissioner of Assessing, the Deputy 
Commissioner of Parks and Recreation, the 
Chairman and members of the Board of Review, 
and the Deputy Director for Fiscal Affairs, who 
shall receive as salary not less than sixty-four thou- 
sand seven hundred forty-six ($64,746.00) dollars 
nor more than eighty thousand two hundred ninety 
($80,290.00) dollars. 

Category IVB shall include: members of the 
Election Commission who shall receive a salary 
not less than forty-three thousand two hundred 
($43,200.00) dollars nor more than fifty-nine thou- 
sand four hundred ($59,400.00) dollars. 

Persons holding the offices mentioned above 
shall devote their entire time during ordinary busi- 
ness hours to their respective duties. No person 
holding such an office or serving in such an office 
on an acting or temporary basis shall receive com- 
pensation in the form of overtime. The Mayor may 
appoint persons to positions not enumerated in cat- 
egories herein, provided, however that the 
Department or Agency into which the person is 
appointed lawfully exists at the effective date of 
this section or is duly established by statute here- 
after by the Legislature or by ordinance in accor- 
dance with law and provided further that the 
assignment of the position to one (1) of the cate- 
gories enumerated herein will be made by 
ordinance, and no position shall be transferred 
from category to category except by ordinance. 

Category V shall set per diem rates as follows: 
the Chairman and each member of the Board of 
Appeal in the Inspectional Services Department 
shall receive for every day or part thereof of actual 
service three hundred fifty ($350.00) dollars; but in 
no event shall the Chairman or any member of said 
board receive in any one ( 1 ) calendar year more 
than twenty-five thousand ($25,000.00) dollars in 
the aggregate for services rendered under the 




DECEMBER 12, 2001 



297 



Building Code and the Zoning Law. The Chairman 
and members of the Board of Examiners in the 
Inspectional Services Department shall receive for 
every day or part thereof of actual service two hun- 
dred ($200.00) dollars, but in no event more than 
fifteen thousand ($ 1 5,000.00) dollars in any one ( 1 ) 
calendar year. 

The Chairman and each member of the Zoning 
Commission shall receive for every day or part 
thereof of actual service, two hundred fifty 
($250.00) dollars, but in no event shall the 
Chairman or any member of said Board receive in 
any one (1) calendar year more than five thousand 
($5,000.00) dollars. 

The Deputy Assessors shall be compensated as if 
they held an office allocated to Grade No. R-19 of 
the compensation plan from time to time in effect 
for the County; Assistant Assessors lawfully 
required to devote at least thirty-five (35) hours a 
week to their work shall be compensated as if they 
held an office allocated to Grade No. R- 1 5 of said 
compensation plan. 

b. Reserved. 

c. The paragraphs of this subsection shall be sever- 
able, and if any one (1) or more paragraphs or portions 
thereof, shall be held invalid by any Court of competent 
jurisdiction, the decision of such Court shall not affect 
or impair any of the remaining sections or portions 
hereof. 

Section 4. Effective Date. This ordinance shall be 
effective January 1, 2002. 

Referred to the Committee of the Whole. 



On motion of Councillor SCAP1CCHIO, the order 
was passed. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1380) 

Councillor YANCEY offered the following: 

Ordered: That effective Saturday, December 29, 2001, 
the following-named person be, and hereby is, 
appointed to the position set against their name: 

Ann M. Hess, staff director, $1,296.35, full time. 

Passed under suspension of the rules. 



ORDER FOR LOAN OF $3,500,000 FOR SCHOOL 
DEPARTMENT (DOCKET NO. 0975) 

Councillor TURNER called Docket No. 0975 from 
the Assignment Sheet. 

No objection being heard, the matter was before the 
body. 



ORDER AUTHORIZING PUBLIC WORKS DEPART- 
MENT TO ACCEPT AND EXPEND GRANT OF 
$125,000 FROM COMMONWEALTH OF 
MASSACHUSETTS, EXECUTIVE OFFICE OF 
ENVIRONMENTAL AFFAIRS THROUGH THE 
DEPARTMENT OF ENVIRONMENTAL PRO- 
TECTION, TO BE USED FOR PWD RECY- 
CLING PROGRAM TO INCREASE RECY- 
CLING RATES BY ENHANCING 
COLLECTION AND PROCESSING OF 
WASTE (DOCKET NO. 1295) 

Councillor ROSS called Docket No. 1295 from the 
Committee on Environment. 

No objection being heard, the matter was before the 
body. 

On motion of Councillor ROSS, the order was 
passed. 



ORDER AUTHORIZING COMMISSIONER ON 
AFFAIRS OF THE ELDERLY TO APPLY FOR, 
ACCEPT AND EXPEND GRANT OF $65,000 
FROM PUBLIC HEALTH COMMISSION AND 
BOSTON MEDICAL CENTER FOR OPERA- 
TION OF REACH 2010 PROGRAM (DOCKET 
NO. 11 69) 

Councillor FEENEY called Docket No. 1169 from 
the Committee on Elderly. 

No objection being heard, the matter was before the 
body. 

On motion of Councillor FEENEY, the order was 
passed. 



Councillor FLAHERTY in the Chair. 



ORDER AUTHORIZING COMMISSIONER ON 
AFFAIRS OF THE ELDERLY TO APPLY FOR, 
ACCEPT AND EXPEND GRANT OF $120,750 
FROM NATIONAL SENIOR SERVICES 
CORPS FOR THE OPERATION OF RETIRED 
SENIOR VOLUNTEER PROGRAM (DOCKET 
NO. 11 70) 

Councillor FEENEY called Docket No. 1170 from 
the Committee on Elderly. 

No objection being heard, the matter was before the 
body. 

On motion of Councillor FEENEY, the order was 
passed. 



President YANCEY in the Chair. 

On motion of Councillor TURNER, the order was 
given a second reading and final passage; yeas 13. 



» 



ORDER AUTHORIZING OFFICE OF COMMUNITY 
PARTNERSHIPS TO ACCEPT AND EXPEND 
GRANT OF $700,000 FROM MASSACHU- 
SETTS DEPARTMENT OF EDUCATION TO 
HELP FURTHER ITS GOAL OF INCREASING 
SUPPLY OF AFTER SCHOOL OPPORTUNI- 
TIES FOR CHILDREN TO EXPAND CUR- 
RICULUM AND CREATE ADDITIONAL 
SLOTS TO BETTER SERVE NEEDS OF 
YOUTH (DOCKET NO. 1287) 

Councillor SCAPICCHIO called Docket No. 1287 
from the Committee on Youth. 

No objection being heard, the matter was before the 
body. 



ORDER AUTHORIZING COMMISSIONER ON 
AFFAIRS OF THE ELDERLY TO APPLY FOR, 
ACCEPT AND EXPEND GRANT OF $1 10,250 
FOR OPERATION OF RETIRED SENIOR 
VOLUNTEER PROGRAM (RSVP) TO PAY 
SALARIES OF STAFF MANAGING PRO- 
GRAM (DOCKET NO. 1208) 

Councillor FEENEY called Docket No. 1208 from 
the Committee on Elderly. 

No objection being heard, the matter was before the 
body. 

On motion of Councillor FEENEY, the order was 
passed. 



ORDER AUTHORIZING COMMISSIONER ON 
AFFAIRS OF THE ELDERLY TO APPLY FOR. 
ACCEPT AND EXPEND GRANT OF S34 1,250 
FOR OPERATION OF SENIOR COMPANION 
PROGRAM TO PAY SALARY. STIPENDS. 
MEALS AND TRANSPORTATION AND 



298 



CITY COUNCIL 



OTHER SERVICES FOR COMPANIONS WHO 
ARE ENROLLED IN THIS PROGRAM 
(DOCKET NO. 1209) 

Councillor FEENEY called Docket No. 1209 from 
the Committee on Elderly. 

No objection being heard, the matter was before the 
body. 

On motion of Councillor FEENEY, the order was 
passed. 



ORDER AUTHORIZING CITY TO ACCEPT AND 
EXPEND GRANT OF 51,731,589.00 TO BE 
MAINTAINED IN PERMANENT FUND TO BE 
KNOWN AS LENORE AND BERNARD 
McGOVERN FUND FOR PURCHASE OF 
BOOKS AS DETERMINED BY TRUSTEES OF 
BOSTON PUBLIC LIBRARY (DOCKET NO. 
0705) 

Councillor FLAHERTY called Docket No. 0705 
from the Committee on City and Neighborhood 
Services. 

No objection being heard, the matter was before the 
body. 

On motion of Councillor FLAHERTY, the order was 
passed. 



LATE-FILED MATTERS 

The Chair stated that, in absence of objection, sixteen 
late-filed matters would be added to the Agenda. 

No objection being heard, the following matters were 
added: 

REPORT ON ORDINANCE PROHIBITING CARRY- 
ING OF KNIVES OR SIMILAR WEAPONS 
(DOCKET NO. 1 145) 

Councillor CONLEY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket No. 1145, ordinance prohibiting 
the carrying of knives or similar weapons (referred 
October 3) — recommending the ordinance be passed in 
the following new draft: 

City of Boston 
In the Year Two Thousand and One 

AN ORDINANCE PROHIBITING THE 
CARRYING OF KNIVES OR SIMILAR WEAPONS 

Be it ordained by the City Council of Boston, as 

follows: 
That CBC, Ordinances, Chapter 16 be amended by 

inserting the following new language: 

16-45 PROHIBITING THE CARRYING OF 
KNIVES OR SIMILAR WEAPONS 

16-45.1 Carrying of Weapons Prohibited. No person, 
except as provided by law, shall carry on his 
person, or carry under his control in a vehicle, 
any knife having any type of blade in excess of 
two and one-half (2 1/2) inches, except (a) 
when actually engaged in hunting or fishing or 
any employment, trade or lawful recreational or 
culinary activity which customarily involves 
the carrying or use of any type of knife or (b) 
in going directly to and/or returning directly 
from such activities, or (c) if the knife is being 
transported directly to or from a place of pur- 
chase, sharpening, or repair, and if packaged in 
such a manner as not to allow easy access to 
the knife while it is being transported, ice 
picks, dirks or similar weapons that are likely 
to penetrate through police officer's ballistic 
vests, or other object or tool so redesigned, 
fashioned, prepared or treated that the same 



may be used to inflict bodily harm or injury to 
another. 

16-45.2 Distribution Exception. This section shall not 
apply to persons who, through entities or estab- 
lishments engaged in a recognized retail or 
wholesale business, are involved in the sale, 
purchase or repair of knives for trade, sport, 
hobby or recreation, including without limita- 
tion persons engaged in the transportation to or 
from such entities or establishments. 

16-45.3 Applicability. Nothing in this section shall be 
construed to enhance or diminish any duties of 
persons described in the section 16-45.2, and 
this section shall not be introduced or cited in 
any proceeding as evidence of negligence, 
recklessness, or similar state of mind of such 
persons. 

16-45.4 Penalty. Violators of any provision of this 
ordinance shall be subject to a fine of not more 
than three hundred ($300) dollars for each 
offense. 

16-45.5 Severability. The provisions of this section 
shall be severable and if any section, part, or 
portion hereof shall be held invalid for any 
purpose by any court of competent jurisdiction, 
the decision of such court shall not affect or 
impair any remaining section, part or portion 
thereof. 

16-45.6 Effective Date. This section shall take effect 
immediately upon its passage. 
The report was accepted; the ordinance, in the new 

draft, was passed; yeas — 13. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 1390) 

Councillor YANCEY offered the following: 

Ordered: That effective Saturday, December 15, 2001, 
the following-named person be, and hereby is, 
appointed to the position set against their name until 
Friday, December 2 1 , 2001 : 

Michelle Morrison, secretary, $1,766.28, full time. 

Marta E. Rivera, administrative assistant, $2,814.18, 
full time 

Lonnie S. Rosenberg, secretary, $1,957.85, full time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 1391) 

Councillor YANCEY offered the following: 

Ordered: That effective Saturday, December 22, 2001, 
the following-named person be, and hereby is, 
appointed to the position set against their name until 
Friday, March 22, 2002: 

Michelle Morrison, secretary, $766.28, full time. 

Marta E. Rivera, administrative assistant, $814.18, 
full time. 

Lonnie S. Rosenberg, secretary, $957.85, full time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 1392) 

Councillor YANCEY offered the following: 

Ordered: That effective Saturday, December 15, 2001, 
the following-named person be, and hereby is, 
appointed to the position set against their name until 
Friday, December 21, 2001: 

Felix Arroyo-Montano, administrative assistant, 
$723.95, full time. 

Lorraine E. Fowlkes, secretary, $1,010.92, full time. 

Richard Wood, administrative assistant, $486, part 
time. 




DECEMBER 12, 2001 



299 



Angela S. Yarde, administrative assistant, S990.43, 
full time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 1393) 

Councillor YANCEY offered the following: 

Ordered: That effective Saturday, December 22, 2001 , 
the following-named person be, and hereby is, 
appointed to the position set against their name until 
Friday, March 22, 2002: 

Felix Arroyo-Montano, administrative assistant, 
S573.95, full time. 

Lorraine E. Fowlkes, secretary, $860.92, full time. 

Richard Wood, administrative assistant., S336, part 
time. 

Angela S. Yarde, administrative assistant, S840.43, 
full time. 

Passed under suspension of the rules. 




REPORT ON ORDINANCE AMENDING 
THE TERM "MINORITY" (DOCKET NO. 0972) 

Councillor MURPHY, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 0972, ordinance eliminating 
the term "Minority" (referred August 8) — recommend- 
ing passage of the ordinance in the following new draft: 

City of Boston 
In the Year Two Thousand and One 

AN ORDINANCE ELIMINATING 
THE TERM "MINORITY" 

Whereas, The term "minority" means the smaller in 
number of two groups constituting a whole; and 

Whereas, References to African Americans, Latinos, 
Asian Americans, and Native Americans as "minorities" 
have been conveyed as negative connotations that imply 
inferiority and inequity among Americans; and 

Whereas, Some have argued that the term "minority" 
used in reference to people of color is a tool of white 
supremacy to psychologically make people of color feel 
inferior and less than; and 

Whereas, The San Diego City Council, under the 
leadership of Councilman George Stevens, voted 
unanimously to ban the word "minority" from all of its 
city documents and discussions; and 

Whereas, The National Black Caucus of Local 
Elected Officials on March 6, 1999 adopted a resolution 
named after George Stevens that proclaims that those 
ethnic groups named herein as "minorities" shall hence- 
forth be referred to as People of Color; Therefore 

Be it ordained by the City Council of Boston as 
follows: 

That the City of Boston discontinue the use of the 
term "minority" in reference to any citizen or ethnic 
group. This shall take effect July 2003. 



Councillor FLAHERTY in the Chair. 




Councillor YANCEY in the Chair. 

The report was accepted; the ordinance in the new 
draft was passed; yeas 12, nays 0: 

Yeas — Councillors Conley, Davis-Mullen, Feeney, 
Flaherty, Hennigan, Honan, Kelly, Murphy, Roache, 
Ross, Turner, Yancey — 12. 

Nays — 0. 



ORDER FOR HEARINGS INTO MATTER OF 
DIRECT CONTRACTED SERVICE BETWEEN 
MASSPORT AND COSCO (DOCKET NO. 
1394) 

Councillor MURPHY offered the following: 

Whereas Recent events have demonstrated the need 
for secure ports of entry into this country; and 

Whereas The City Council's Committee on 
Transportation held a public hearing on the upcoming 
contract for direct service between the Massachusetts 
Port Authority and the China Ocean Shipping Company 
on December 10, 2001; and 

Whereas At that hearing, officials of Massport testi- 
fied that the COSCO contract would begin in March of 
2002 and that currently 68% of all container vessels are 
screened by US Customs and the US Coast Guard after 
docking at Massport's Conley Terminal; and 

Whereas A primary responsibility of city government 
is the safety and security of all of Boston's residents; 
therefore be it 

Ordered That the Boston City Council will conduct 
further hearings into the matter of direct contracted 
service between Massport and COSCO in the Council 
session that will commence in January of 2002 and that 
the appropriate Committee of the City Council requests 
that the Commander of the United States Coast Guard 
facility in Boston and representatives of the United 
States Customs Office in Boston, along with officials of 
Massport, be requested to attend. 

Referred to the Committee on Transportation. 



REPORT ON ORDER AUTHORIZING POLICE 
COMMISSIONER TO ACCEPT AND EXPEND 
GRANT OF S97,179 FROM U.S. DEPART- 
MENT OF JUSTICE AND DELINQUENCY 
PREVENTION FOR PURPOSE OF CONTINU- 
ING THE SOUTH BOSTON COMMUNITY 
COALITION TO PREVENT SUBSTANCE 
ABUSE (DOCKET NO. 1288) 

Councillor MURPHY moved to withdraw Docket No. 
1288. The motion was carried. 

Councillor KELLY moved reconsideration. 
Reconsideration prevailed. 

Report on Docket 1288, message of the Mayor and 
order authorizing the Police Commissioner to accept 
and expend a grant of $97,179 from the U.S. 
Department of Justice and Delinquency Prevention for 
the purpose of continuing the South Boston Community 
Coalition to Prevent Substance Abuse (referred 
November 28) — recommending passage of the order. 

Councillor KELLY moved to amend the order by 
deleting the words "and expend" after the word 
"accept." The motion was carried. 

On motion of Councillor KELLY, the report was 
accepted; the order, as amended, was passed. 



REPORT ON ORDER AUTHORIZING THE POLICE 
COMMISSIONER TO ACCEPT AND EXPEND 
GRANT OF S50.000 FROM MASSACHU- 
SETTS OFFICE OF ATTORNEY GENERAL 
FOR PURPOSE OF DRUG TRAFFICKING 
REDUCTION PROGRAM AS PART OF 
GROVE HALL SAFE NEIGHBORHOOD INI- 
TIATIVE/BOSTON WEED AND SEED SITE 
(DOCKET NO. 1289) 

Councillor CONLEY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket 1289 message of the Mayor and 
order authorizing the Police Commissioner to accept 
and expend a grant of S50.000 from the Massachusetts 
Office of the Attorney General for the purpose of a drug 
trafficking reduction program as a part of the Grove Hall 
Safe Neighborhood Initiative. Boston Weed and Seed 



300 



CITY COUNCIL 



Site (referred November 28) - — recommending passage 
of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING THE POLICE 
COMMISSIONER TO ACCEPT AND EXPEND 
A GRANT OF $981,362 FROM THE U.S. 
DEPARTMENT OF JUSTICE, VIOLENCE 
AGAINST WOMEN OFFICE TO CONTINUE 
THE CITY'S JUDICIAL OVERSIGHT 
DEMONSTRATION INITIATIVE WHICH IS A 
COMPREHENSIVE COMMUNITY POLICING 
STRATEGY AIMED AT PREVENTING AND 
REDUCING DOMESTIC VIOLENCE 
(DOCKET NO. 1290) 

Councillor CONLEY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket 1 290, message of the Mayor and 
order authorizing the Police Commissioner to accept 
and expend a grant of $981,362 from the U.S. 
Department of Justice, Violence Against Women Office 
to continue the City's Judicial Oversight Demonstration 
Initiative which is a comprehensive community policing 
strategy aimed at preventing and reducing domestic vio- 
lence victimization (referred November 28) — recom- 
mending passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING POLICE 
COMMISSIONER TO ACCEPT AND EXPEND 
GRANT OF $95,510 FROM U.S. DEPART- 
MENT OF JUSTICE, OFFICE OF COMMU- 
NITY ORIENTED POLICING SERVICES FOR 
INTEGRITY CURRICULUM DEVELOPMENT 
PROGRAM MANAGED THROUGH THE 
REGIONAL COMMUNITY POLICING INSTI- 
TUTE/NEW ENGLAND (DOCKET NO. 1291) 

Councillor CONLEY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket 1291, message of the Mayor and 
order authorizing the Police Commissioner to accept 
and expend a grant of $95,510 from the U.S. 
Department of Justice, Office of Community Oriented 
Policing Services for the Integrity Curriculum 
Development program managed through the Regional 
Community Policing Institute/New England (referred 
November 28) — recommending passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING POLICE 
COMMISSIONER TO ACCEPT AND EXPEND 
GRANT OF $50,000 IN THE FORM OF MASS- 
ACHUSETTS EXECUTIVE OFFICE OF PUB- 
LIC SAFETY, BYRNE MEMORIAL STATE 
AND LOCAL LAW ENFORCEMENT ASSIS- 
TANCE FORMULA GRANT FOR PURPOSE 
OF SUPPORTING DRUG CONTROL DIVI- 
SION MULTIJURISDICTIONALTASK FORCE 
(DOCKET NO. 1293) 

Councillor CONLEY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket No. 1293, message of the Mayor 
and order authorizing the Police Commissioner to 
accept and expend a grant of $50,000 from the 
Massachusetts Executive Office of Public Safety, Byrne 
Memorial State and Local Law Enforcement Assistance 
Formula grant for the purpose of supporting the Drug 
Control Division Multijurisdictional Task Force 
(referred November 28) — recommending passage of 
the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING POLICE 
COMMISSIONER TO ACCEPT AND EXPEND 
GRANT OF $400,000 FROM U.S. DEPART- 
MENT OF JUSTICE, OFFICE OF COMMU- 
NITY ORIENTED POLICING SERVICES FOR 
PURPOSES OF POLICE INTEGRITY TRAIN- 
ING THROUGH THE REGIONAL COMMU- 
NITY POLICING INSTITUTE/NEW ENG- 
LAND (DOCKET NO. 1294) 

Councillor CONLEY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket 1 294, message of the Mayor and 
order authorizing the Police Commissioner to accept 
and expend a grant of $400,000 from the U.S. 
Department of Justice, Office of Community Oriented 
Policing Services for the purposes of Police Integrity 
Training through the Regional Community Policing 
Institute/New England (referred November 28) — rec- 
ommending passage of the order. 

The report was accepted; the order was passed. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1395) 

Councillor YANCEY offered the following: 

Ordered: That effective Saturday, December 29, 2001, 
the following-named person be, and hereby is, 
appointed to the position set against their name: 

D. Paul Koch, Jr., legislative analyst, from $961.54 to 
$1346.15, full time. 

Passed under suspension of the rules. 



ORDER FOR HEARING TO EXPLORE FEASIBIL- 
ITY OF EXPEDITING LICENSING PROCESS 
TO LAWFULLY CARRY MACE OR PEPPER 
SPRAY (DOCKET NO. 1396) 

Councillors HONAN, HENNIGAN, FEENEY, 
DAVIS-MULLEN, TURNER, ROACHE, SCA- 
PICCHIO, KELLY, ROSS, MURPHY, YANCEY, and 
FLAHERTY offered the following: 

Whereas, There have been a series of at least seven 
sexual assaults perpetrated against young women in the 
Brighton and Brookline area since November 26 and 
police have alerted women to exercise caution on the 
streets; and 

Whereas, At least one victim was assaulted at gun 
point; and 

Whereas, Boston and Brookline Police believe that 
the incidents are related and possibly the acts of a single 
assailant; and 

Whereas, According to experts in criminal psy- 
chology, repeat sexual offenders often increase their 
level of brutality over time; and 

Whereas, The process for obtaining a license to 
lawfully carry mace or pepper spray takes three to four 
weeks, and 

Whereas, Women in these communities have 
expressed interest in expediting the licensing process 
under these exigent circumstances; therefore be it 

Ordered, That the Boston City Council conduct a 
hearing to explore the feasibility of expediting the 
licensing process; and be it further 

Ordered, That Police Commissioner Paul Evans, 
representatives of the Boston Police Licensing Division, 
Rape Crisis Center, Jane Doe Inc., NOW, and other 
interested parties be invited to attend. 

Referred to the Committee on Public Safety. 



CERTAIN INFORMATION UNDER SECTION 17F 
RE: HAYWARD PLACE (DOCKET NO. 1397) 




DECEMBER 12, 2001 



301 



Councillor YANCEY offered the following: 
Ordered, That, under the provisions of Section 1 7F of 
Chapter 452 of the Acts of 1948, as amended, and under 
any other applicable provision of law, His Honor, the 
Mayor, be, and hereby is, requested to obtain and deliver 
to the City Council, within one week of the receipt 
hereof, the following information: 

• RFP issued for the Hayward Place parcels. 

• Deed of the property owned by the City of Boston 
that is referred to as "Hayward Place." 

• Deed, order of taking and any other documents 
regarding the acquisition of any property adjacent 
to the City owned property known as "Hayward 
Place," necessary to fulfill the BRA April 12, 2001 
vote to develop a demonstration project on that site. 

On motion of the Chair, the order was passed. 




CONSENT AGENDA 

The Chair moved adoption of a Consent Agenda in 
which the following-named Councillors offered resolu- 
tions of a condolence or congratulatory nature as set 
forth after each Councillor's name: 

Councillor Murphy: Congratulating eleven persons 
receiving the Honor Roll from the Thompson Middle 
School (Docket No. 1381). 

Councillor Scapicchio: Congratulating Principal 
Robert Lyons (Docket No. 1382); congratulating 
Melvin T. Conroy (Docket No. 1383). 

Councillor Yancey: Congratulating four persons 
receiving their PHD studies from Florida State 
University (Docket No. 1384); congratulating Valencia 
Charles (Docket No. 1385); congratulating Fritz 
Barthelmey (Docket No. 1386). 

Councillor Murphy: Congratulating Omolola 
Oladimeji (Docket No. 1387); congratulating Thao 
Pham (Docket No. 1388). 

Councillor Yancey: Congratulating Deslyn Roberts 
(Docket No. 1389). 

The matters contained within the Consent Agenda 
were severally adopted. 



STATEMENT OF COUNCILLOR SCAPICCHIO 

Having unanimous consent to do so. Councillor 
Scapicchio asked that when we adjourn today, we do so 
in memory of Thomas Galvin, brother of Diane Alfano 
from his office, and Frank DeBellis, a long time resident 
of the North End. 



Councillor Kelly also wanted to thank President 
Yancey for the plaques he gave each Councillor and 
thanked him for his leadership over the past year. He 
said when he voted for him this past January, he knew 
the President would do a fine job, and he wanted to take 
this opportunity to thank him for exceeding his expecta- 
tions and wished him the best for the coming year. 



STATEMENT OF COUNCILLOR ROACHE 

Having unanimous consent to do so, Councillor 
Roache wanted to acknowledge his long time loyal 
legislative aide Jim Gordon who is going to work now 
for the newly elected Congressman Steve Lynch. He 
thanked Jim and wished him the best of luck. 

He also wanted to welcome to his staff Lauren 
Wallace. 



STATEMENT OF COUNCILLOR FEENEY 

Having unanimous consent to do so, Councillor 
Feeney wanted to also recognize Jim Gordon and thank 
him for his tremendous work at the Board of Appeals 
and said that she will miss him very much; his leaving 
will be a huge loss. 



STATEMENT OF PRESIDENT YANCEY 

President Yancey wanted to adjourn in memory of a 
long time friend Raymond Bryant who he used to have 
coffee with. He was 81 years old with the energy of a 
40-year-old. 



NEXT MEETING 

Adjourned at 5:23 p.m. in memory of Thomas 
Galvin, Frank DeBellis, Ann Wally Ryan, Joe 
McDonough and Raymond Bryant, on motion of 
President Yancey, sine die. 



Note: All debate of City Council eliminated from 
proceedings in accordance with Chapter 447, Acts of 
1947. 



STATEMENT OF COUNCILLOR ROSS 

Having unanimous consent to do so, Councillor Ross 
asked that when we adjourn today, we do so in memory 
of Ann Wally Ryan, a young mother who succumbed to 
brain cancer and wife of his friend Billy Ryan. 



STATEMENT OF COUNCILLOR FEENEY 



Having unanimous consent to do so, Councillor 
Feeney asked that when we adjourn today, we do so in 
memory of Ann Ryan, also, who was a neighbor and 
friend. 

Also she would like to adjourn in memory of Joe 
McDonough, another friend from St. Brendan's parish. 



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STATEMENT OF COUNCILLOR KELLY 

Having unanimous consent to do so, Councillor Kelly 
asked that when we adjourn today, we do so also in 
memory of Ann Ryan, whose husband Billy is a good 
friend of his family. 



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CITY OF BOSTON • GRAPHIC ARTS DEPARTMENT •